Riley v Segan, Nemerov & Singer, P.C., 2011 NY Slip Op 02048 (App. Div. 1st 2011)
Supreme Court denied defendants' motion based on its finding that the moving papers were deficient because a March 7, 2005 letter referenced therein was not attached. We find that Supreme Court should have considered the motion on the merits because it is clear that defendants mistakenly failed to attach the letter to their moving papers but corrected their mistake by including it on reply. Plaintiffs were not prejudiced in any way because they actually received the letter as an exhibit with their copy of the moving papers and so were able to address the letter in their opposition (see Kennelly v Mobius Realty Holdings LLC, 33 AD3d 380, 381-382 [2006]).
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