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TIMOTHY P. McMAHON et al., Appellants, v. WOLVERINE WORLDWIDE, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. Ross R. BIONDO CONSTRUCTION, INC., Third-Party Defendant-Appellant.

White, J.

Plaintiffs, in this personal injury action arising out of a construction site accident, moved for summary judgment on their cause of action predicated upon Labor Law § 240 (1). Defendants responded by cross-moving for the same relief dismissing plaintiffs' Labor Law § 240 (1) ami § 241 (6) causes of action or, alternatively, summary judgment against third-party defendant on their cause of action for common-law and contractual indemnification. Because the movants did not support their motions with copies of their pleadings, they were not entitled to summary judgment ( see, Dupuy v Carrier Corp., 204 AD2d 977; Mathiesen v Mead, 168 AD2d 736, 737; Lawlor v County of Nassau, 166 AD2d 692; Somers Realty Corp. v Big "V" Props., 149 AD2d 581; see also, CPLR 3212 [b]).

Ordered that the order is modified, on the law, without costs, by reversing so much thereof as granted defendants' cross motion; cross motion denied; and, as so modified, affirmed.

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McMAHON v. WOLVERINE WORLDWIDE, INC
(Nov 7, 1996)