Practice point: The function of reply papers is to address arguments made in opposition to the movant's position.
The motion court properly considered a renewed power of attorney submitted by the plaintiff in reply to the appellants' opposition to the motion. The renewed power of attorney was offered in response to the appellants' argument that the plaintiff's affidavit of merit was invalid because it was signed after expiration of the originally submitted power of attorney. The renewed power of attorney merely clarified that, at the time the affidavit was signed, the affiant continued to have the authority to act on the plaintiff's behalf.
Bank of N.Y. Mellon v. Hoshmand, NY Slip Op 00818 (2d Dep't February 7, 2018)
Here is the decision.
