D.J. Enterprises of WNY, Inc. v. Benderson
Cases that cite this one
7 later published cases cite this decision.
- TUDISCO, THOMAS J. v. MINCER, DAWNMARIE (Appellate Division of the Supreme Court of New York 2015)
- OSGOOD, JERRY v. KDM DEVELOPMENT CORP (Appellate Division of the Supreme Court of New York 2012)
- Edgett v. North Fork Bank (Appellate Division of the Supreme Court of New York 2010)
- Kyung Mi Lee v. Musso (Appellate Division of the Supreme Court of New York 2006)
- Van Epps v. Town of Verona (Appellate Division of the Supreme Court of New York 2003)
- New York Casualty Insurance v. Kushner (Appellate Division of the Supreme Court of New York 2003)
- Perez v. Wickman (Appellate Division of the Supreme Court of New York 2002)
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
—Appeal from an order of Supreme Court, Erie. County (Mahoney, J.), entered July 20, 2000, which, inter alia, granted plaintiffs motion seeking partial summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion and as modified the order is affirmed without costs.
Memorandum: Supreme Court erred in granting plaintiffs motion seeking partial summary judgment. The failure of plaintiff to support its motion with a copy of the pleadings requires denial of the motion, regardless of the merits of the motion (see CPLR 3212 [b]; Nationwide Mut. Ins. Co. v Piper, 286 AD2d 903). Consequently, we modify the order by denying plaintiffs motion. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.