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Niles v. County of Chautauqua

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2001
285 A.D.2d 988 (N.Y. App. Div. 2001)

Opinion

(930) CA 01-00378

July 3, 2001.

Appeals from Order of Supreme Court, Chautauqua County, Martoche, J. — Summary Judgment.

Before: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER AND BURNS, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

The failure of the County of Chautauqua (defendant) to support its motion with a copy of the pleadings filed in the action requires denial of its motion for summary judgment dismissing the complaint ( see, CPLR 3212 [b]; Logan v. L.A. Mgt. Rest., 275 A.D.2d 1026; Gallagher v. TDS Telecom, 280 A.D.2d 991; Deer Park Assocs. v. Robbins Store, 243 A.D.2d 443; Wolverine Worldwide, 233 A.D.2d 587; Dupuy v. Carrier Corp., 204 A.D.2d 977), regardless of the merits of the motion. We therefore modify the order by denying defendant's motion in its entirety.


Summaries of

Niles v. County of Chautauqua

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2001
285 A.D.2d 988 (N.Y. App. Div. 2001)
Case details for

Niles v. County of Chautauqua

Case Details

Full title:JULIE D. NILES AND DAVID NILES, PLAINTIFFS-APPELLANTS-RESPONDENTS, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 3, 2001

Citations

285 A.D.2d 988 (N.Y. App. Div. 2001)
727 N.Y.S.2d 679

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