STED TENANTS OWNERS CORP. v. CHUMPITAZ

ORDERED that the appeal from the order dated April 8, 2003, is dismissed, as that order was superseded by the amended order dated April 10, 2003; and it is further,

ORDERED that the amended order dated April 10, 2003, is reversed insofar as appealed from, on the law, with costs, so much of the order dated April 8, 2003, as granted the plaintiff's motion for summary judgment is vacated, and the motion is denied.

The plaintiff was not entitled to summary judgment, as the papers submitted in support of its motion failed to include copies of the pleadings in the action ( see CPLR 3212[b]; Capelin Assoc. v. Globe Mfg. Corp., 34 N.Y.2d 338; Lawlor v. County of Nassau, 166 A.D.2d 692).

The defendant's remaining contentions either are academic in light of our determination or without merit.

FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.