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Williams v. Nelson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 11, 2010

LAVERNE J. WILLIAMS, PLAINTIFF-APPELLANT,
v.
WILNER NELSON, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 26, 2009, which granted defendants' motion to dismiss the complaint for failure to show serious injury and denied plaintiff's cross motion for summary judgment on the issue of liability, unanimously modified, on the law, defendants' motion denied, the complaint reinstated, and otherwise affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., DeGrasse, Freedman, Manzanet-Daniels, RomÁn, JJ.

20777/06

CPLR 3213[b] requires that a motion for summary judgment be supported by copies of the pleadings. Accordingly, the complaint is a requisite part of the record on a summary judgment motion (see Krasner v Transcontinental Equities, 64 AD2d 551 [1978]). Summary judgment was properly denied inasmuch as the complaint is not part of the record on the instant motion and cross motion. Also, we are unable to pass upon the timeliness of plaintiff's cross motion as the record does not indicate whether or not Supreme Court set any date for the making of summary judgment motions (see CPLR 3212[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100311

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