NILES v. COUNTY OF CHAUTAUQUA

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

The failure of the County of Chautauqua (defendant) to support its motion with a copy of the pleadings filed in the action requires denial of its motion for summary judgment dismissing the complaint ( see, CPLR 3212 [b]; Logan v. L.A. Mgt. Rest., 275 A.D.2d 1026; Gallagher v. TDS Telecom, 280 A.D.2d 991; Deer Park Assocs. v. Robbins Store, 243 A.D.2d 443; Wolverine Worldwide, 233 A.D.2d 587; Dupuy v. Carrier Corp., 204 A.D.2d 977), regardless of the merits of the motion. We therefore modify the order by denying defendant's motion in its entirety.