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Pleadings not required on a motion for summary judgmentJune 29, 2017

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”

One Response

  1. Gregory Antollino says:

    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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