Practice point: CPLR 3212(b) requires that a motion for summary judgment must be supported by, among other things, an affidavit by someone with personal knowledge of the facts.
Student note: Notwithstanding this requirement, where a moving party supports the motion with an attorney's affirmation, deposition testimony, and other proof, the failure to submit an affidavit is not necessarily fatal.
Case: Maragos v. Sakurai, NY Slip Op 01592. (2d Dept. 2012).
Tomorrow’s issue: Caveat emptor.
