Legal Opinion
Gallagher v. TDS Telecom
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2001PublishedCited by 5 opinions
1Opinion of the Court
—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant failed to support its motion with a copy of the pleadings filed in the action and thus Supreme Court erred in granting the motion for summary judgment dismissing the complaint (see, CPLR 3212 [b]; Logan v L.A. Mgt. & Rest., 275 AD2d 1026; McMahon v Wolverine Worldwide, 233 AD2d 587; Dupuy v Carrier Corp., 204 AD2d 977). The court, however, properly denied the cross motion for summary judgment because plaintiff also failed to submit a copy of the…
2Cases cited4 opinions
- Deer Park Associates v. Robbins Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Dupuy v. Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- McMahon v. Wolverine Worldwide, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Logan v. L.A. Management & Restaurant Ltd.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- Carey v. Five Bros.Appellate Division of the Supreme Court of the State of New York · 2013
- Niles v. County of ChautauquaAppellate Division of the Supreme Court of the State of New York · 2001
- ABC Medical Management, Inc. v. GEICO General InsuranceCivil Court of the City of New York · 2003
- Barca v. City of New YorkNew York Supreme Court · 2006
- Carey v. Five Bros.Appellate Division of the Supreme Court of the State of New York · 2013