Practice point: The affidavit may be offered to remedy a pleading defect, but it is not necessary as evidentiary support for a properly pleaded claim.
Student note: Dismissal is warranted only if either party's affidavit establishes that plaintiff has no cause of action.
Case: Bodden v. Kean, NY Slip Op 05794 (2d Dept. 2011).
Tomorrow's issue: Substitute teachers and tenure.
