Practice point: An affidavit of merit is required in support of the motion, pursuant to CPLR 5015(a)(1).
Students should note that if the motion is denied for want of the affidavit, a second motion cannot be made on the same grounds as the first.
47 Thames Realty, LLC v. Robinson , NY Slip Op 05225 (2d Dept. 2011 ).
Tomorrow's issue is in pari delicto.