NATIONAL AUDITING SERVS. & CONSULTING, LLC v. 511 PROP., LLC

Index No. 650670/16. Appeal No. 11884. Case No. 2019-1191.

186 A.D.3d 1160 (2020)

129 N.Y.S.3d 327

2020 NY Slip Op 05142

National Auditing Services & Consulting, LLC, Appellant, v. 511 Property, LLC, Respondent.

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

Decided September 29, 2020.


While, pursuant to CPLR 3212(b), plaintiff should have included a copy of defendant's answer with its moving papers, defendant submitted a copy of its answer with its opposition, and plaintiff submitted another copy with its reply. Plaintiff's failure to submit the answer with its opening papers was a mere irregularity, and no substantial right of any party was prejudiced (see Mew Equity, LLC v Sutton Land Servs., LLC, 144 A.D.3d 874

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