Practice point: A party to the action must submit an affidavit in opposition to plaintiff's motion for a default judgment. The submission of an affirmation instead of an affidavit is improper, and the court will disregard it, rendering the opposing papers insufficient.
Students should note that the opposing papers will be deficient if they rely on an affidavit notarized by the attorney-defendant.
The case is Morrison Cohen LLP v. Fink, NY Slip Op 00779 (1st Dept. 2011
Tomorrow's issue is account stated.
