A defendant''s submission of an affirmation, instead of an affidavit, to present his reasonable excuse for not answering the complaint, was a mere technical procedural irregularity which can be disregarded, pursuant to CPLR 2001; 2101[f]. Plaintiffs waived any objection to the form of the submission by failing to return it within 15 days of receipt, pursuant to CPLR 2101[f]. To the extent that the defendant was required to cure the defect, he did so by ultimately serving an affidavit, which the court had discretion to accept pursuant to CPLR 2001.
S.G. v. New York City Health & Hosps. Corp., NY Slip Op 00068 (1st Dep't January 8, 2026)
