Appellate Division of the Supreme Court of New York, 2001

Niles v. County of Chautauqua

Appellate Division of the Supreme Court of New York · Decided July 3, 2001

285 A.D.2d 988; 727 N.Y.S.2d 679; 2001 N.Y. App. Div. LEXIS 6995

Cases that cite this one

8 later published cases cite this decision.

OSGOOD, JERRY v. KDM DEVELOPMENT CORP (Appellate Division of the Supreme Court of New York 2012)
Kyung Mi Lee v. Musso (Appellate Division of the Supreme Court of New York 2006)
Riddell v. Brown (Appellate Division of the Supreme Court of New York 2006)
Notaro v. Bison Construction Corp. (Appellate Division of the Supreme Court of New York 2006)
Husted v. Vermilyea (Appellate Division of the Supreme Court of New York 2002)
Perez v. Wickman (Appellate Division of the Supreme Court of New York 2002)
Nationwide Mutual Insurance v. Piper (Appellate Division of the Supreme Court of New York 2001)
Williams v. County of Genesee (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order unanimously modified on the law and *989as 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 AD2d 1026; Gallagher v TDS Telecom, 280 AD2d 991; Deer Park Assocs. v Robbins Store, 243 AD2d 443; Wolverine Worldwide, 233 AD2d 587; Dupuy v Carrier Corp., 204 AD2d 977), regardless of the merits of the motion. We therefore modify the order by denying defendant’s motion in its entirety. (Appeals from Order of Supreme Court, Chautauqua County, Martoche, J. — Summary Judgment.) Present— Pigott, Jr., P. J., Green, Pine, Scudder and Burns, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.