Practice point: An attorney who is a party to an action must support a pleading with an affidavit, notwithstanding CPLR 2106, which otherwise allows an attorney to submit an affirmation.
Practitioners should note that this deficiency will be fatal to the pleading.
Case: Finger v. Saal, NY Slip Op 09027 (2d Dept. 2008)
The opinion is here.
