SOMERS REALTY CORP. v. BIG "V" PROPERTIES

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was not entitled to an award of summary judgment, as its papers submitted in support of the motion failed to include a copy of the pleadings as required by statute (see, CPLR 3212 [b]; Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338; Freeman v. Easy Glider Roller Rink, 114 A.D.2d 436). Inasmuch as the defendant failed to establish its prima facie entitlement to judgment as a matter of law, we need not reach the question of the sufficiency of the evidence presented by the plaintiff in opposition to the motion (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851). Rubin, J.P., Kooper, Sullivan and Balletta, JJ., concur.