Opinion
October 6, 1997
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the order dated March 4, 1997, is vacated, and the plaintiff's motion for summary judgment is denied.
The plaintiff was not entitled to summary judgment, as the papers submitted in support of its motion failed to include copies of the pleadings filed in the action ( see, Lawlor v. County of Nassau, 166 A.D.2d 692; Somers Realty Corp. v. Big "V" Props., 149 A.D.2d 581; CPLR 3212 [b]; see also, Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338; Dupuy v. Carrier Corp., 204 A.D.2d 977).
Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.