Patel v S. & S. Props., Inc., 2018 NY Slip Op 06757 [2d Dept. 2018]
Contrary to the plaintiff’s contention, the Supreme Court did not err in considering the merits of the defendant’s motion even though the defendant failed to include with its motion papers the plaintiff’s reply to the counterclaims (seeCPLR 2001; Long Is. Pine Barrens Socy., Inc. v County of Suffolk, 122 AD3d 688, 691; Avalon Gardens Rehabilitation & Health Care Ctr., LLC v Morsello, 97 AD3d 611, 612). The record was sufficiently complete, since the plaintiff included the pleading with his opposition, and there is no proof that a substantial right of the plaintiff’s was impaired by the defendant’s failure to submit the reply with its motion papers (see Long Is. Pine [*2]Barrens Socy., Inc. v County of Suffolk, 122 AD3d at 691; Avalon Gardens Rehabilitation & Health Care Ctr., LLC v Morsello, 97 AD3d at 612).
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