LaGUARDIA v. CITY OF NEW YORK

Ordered that the judgment is reversed, on the law, with costs, the order dated February 14, 1996, is vacated, and the defendant's motion to dismiss the complaint is denied.

The defendant's oral motion to dismiss the complaint was unsupported by affidavits, sworn testimony, or any other competent submission which would warrant granting it ( see, Kaiser v J S Realty, 173 AD2d 920; Double A Limousine Seru. v New York, N. Y. Limousine Serv., 130 AD2d 403; cf., Volenti Elec. Co. v Power Line Constructors, 123 AD2d 604). The record before this Court contains only five pages of oral colloquy and the Supreme Court's handwritten order. Inasmuch as the record fails to support the defendant's entitlement to judgment, the judgment appealed from must be reversed and the motion denied.