GALLAGHER v. TDS TELECOM

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 A.D.2d 1026; McMahon v. Wolverine Worldwide, 233 A.D.2d 587; Dupuy v. Carrier Corp., 204 A.D.2d 977). The court, however, properly denied the cross motion for summary judgment because plaintiff also failed to submit a copy of the pleadings in support of his cross-motion ( see, Deer Park Assocs. v. Robbins Store, 243 A.D.2d 443). Therefore, we modify the order and judgment by denying defendant's motion and reinstating the complaint.