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AHERN v. SHEPHERD

2010-08715.

89 A.D.3d 1046 (2011)

933 N.Y.S.2d 597

2011 NY Slip Op 8715

EDWARD J. AHERN, Appellant, v. STEVEN W. SHEPHERD, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 29, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3212 (b) provides that "[a] motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions." Here, the Supreme Court properly denied the plaintiff's cross motion for summary judgment because he failed to include a copy of the pleadings in support of his cross motion, as required by CPLR 3212...

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