Practice point: A court may consider affidavits and other evidence to remedy defects in a complaint.
Students should note that inconsistent causes of action may be pleaded in the alternative, pursuant to CPLR 3014.
Case: Costello v. Verizon N.Y., Inc., NY Slip Op 06562 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
