New York Casualty Insurance v. Kushner

Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered October 4, 2002, which granted defendant’s motion seeking partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Supreme Court erred in granting defendant’s motion seeking partial summary judgment. As plaintiff correctly contends, the court should have denied the motion based on the failure of defendant to support his motion with a copy of the answer, regardless of the merits of the motion…