Williams v. Nelson
Opinion of the Court
CPLR 3212 (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 plaintiffs 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]). Concur— Gonzalez, P.J., DeGrasse, Freedman, Manzanet-Daniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.