Dupuy v. Carrier Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs motion for partial summary judgment. Where a party fails to comply with the statutory mandate that a summary judgment motion be supported by copies of the pleadings (see, CPLR 3212 [b]), summary judgment should be denied (see, Somers Realty Corp. v Big "V” Props., 149 AD2d 581; Freeman v Easy Glider Roller Rink, 114 AD2d 436). The record in this case is devoid of pleadings. For that reason, Supreme Court properly denied…