Pleadings not required on a motion for summary judgment

Wade v Knight Transp., Inc., 2017 NY Slip Op 05262 (2d Dept. 2017)

“Notwithstanding that CPLR 3212(b) requires that motions for summary judgment be supported by a copy of the pleadings, CPLR 2001 permits a court, at any stage of an action, to ” disregard a party’s mistake, omission, defect, or irregularity if a substantial right of a party is not prejudiced.  The record here is sufficiently complete, Freudenberg was not a party to the instant motions, and Wade and the infant plaintiff do not argue that they were prejudiced in any way by the Knight defendants’ failure to include those pleadings”

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One Response

  1. This requirement seems to be ignored when it was previously enforced. Now it routinely dispensed with as inconvenient in the crrent summary judgment culture.

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