| Washington Realty Owners, LLC v 260 Wash. St.,LLC |
| 2013 NY Slip Op 03031 [105 AD3d 675] |
| April 30, 2013 |
| Appellate Division, First Department |
| Washington Realty Owners, LLC,Appellant, v 260 Washington Street, LLC,Respondent. |
—[*1]
Meyner & Landis LLP, Nyack (David B. Grantz of counsel), forrespondent.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February10, 2012, which granted defendant's motion for summary judgment dismissing thecomplaint, unanimously reversed, on the law, without costs, and motion denied.
The motion court erred when it determined that defendant met its prima facie burdensince defendant failed to include all of the pleadings. Although CPLR 3212 (b) requiresthat a motion for summary judgment be supported by copies of the pleadings, the courthas discretion to overlook the procedural defect of missing pleadings when the record is"sufficiently complete" (Welchv Hauck, 18 AD3d 1096, 1098 [3d Dept 2005], lv denied 5 NY3d 708[2005] [internal quotation marks omitted]; see Ayer v Sky Club, 70 AD2d 863,864 [1st Dept 1979] [the parties were permitted to supplement the record by submitting acopy of the pleadings], appeal dismissed 48 NY2d 705 [1979]). The record issufficiently complete when, although the movant has not attached all of the pleadings tothe motion, a complete set of the papers is available from the materials submitted (see e.g. Studio A Showroom, LLCv Yoon, 99 AD3d 632 [1st Dept 2012] [the pleadings were filed electronicallyand were available for the court's consideration]; Pandian v New York Health & Hosps. Corp., 54 AD3d590, 591 [1st Dept 2008] [the pleadings were attached to the reply papers];Welch, 18 AD3d at 1098 [summary judgment properly granted to plaintiff oncross motion where pleadings were attached to defendant's motion for summaryjudgment]).
Here, respondent's answer was not included as part of the record. Thus, the motioncourt did not have a complete set of pleadings available for its consideration.Accordingly, the omission of the pleadings renders the motion procedurally defective(see CPLR 3212 [b]; Matsyuk v Konkalipos, 35 AD3d 675 [2d Dept 2006]; Wider v Heller, 24 AD3d433 [2d Dept 2005]); Greene v Wood, 6 AD3d 976 [3d Dept 2004]; Weltonv Drobnicki, 298 AD2d 757 [3d [*2]Dept 2002];Krasner v Transcontinental Equities, 64 AD2d 551 [1st Dept 1978]).
In light of the foregoing, we do not consider the remaining contentions with regardto the merits of the motion. Concur—Mazzarelli, J.P., DeGrasse, Abdus-Salaam,Manzanet-Daniels and Clark, JJ. [Prior Case History: 2012 NY Slip Op30336(U).]