Probative value.

Practice point: An attorney’s affirmation or a witness’ affidavit which is not based on personal knowledge is of no probative or evidentiary value.

Student note: Similarly, an alleged expert’s letter, unsworn and without specifying the writer’s qualifications, is not evidentiary material in admissible form, and is of no probative value.

Case: Currie v. Wilhouski, NY Slip Op 02281 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Striking a pleading.