Practice point: An attorney is entitled to serve and file an affirmation, instead of an affidavit, pursuant to CPLR 2106.
Student note: The affirmation is without effect, however, if the attorney is also a party.
Case: John Harris, P.C. v. Krauss, NY Slip Op 06297 (1st Dept. 2011).
Tomorrow: Legal malpractice.
