South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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As a threshold matter, Petitioner failed to support its motion for summary judgment with a copy of the pleadings as required by CPLR 3212(b). Specifically, Petitioner did not attach a copy of Respondent's answer. The Court may deny the motion on this basis alone (see Fishkin v Feinstein, 67 AD3d 961, 962 [2d Dept 2009] ["[Movant was] not entitled to summary judgment since the papers she submitted in support of her motion failed to include copies of all of the pleadings filed in the action, as required by CPLR 3212 (b)."] (internal citations omitted)). However, given that Respondent did not object to the motion on this ground and Respondent's previous order to show cause to force Petitioner to accept its proposed answer pursuant to CPLR 2004 was granted (see S. Brooklyn Ry. Co. v Lau, et al., Civ Ct, Kings County, July 27, 2023, Fynes, J., index No. LT-319383-22), the Court will take judicial notice of Respondent's answer.

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