Defendant failed to attach a copy of the complaint or any other pleading in the lien foreclosure action to support its contention that that action and this one involve the same questions of law and fact (see CPLR 602[a]). To the extent any such pleadings exist, the motion court was not required to take judicial notice of their existence or their contents (see CPLR 4511[b]). Nor is it apparent from the record that defendant served copies of the motion papers...
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