January 4, 2019

An attorney's affirmation in support of a motion to dismiss.

Practice point:  The fact that the defendant had submitted only an attorney's affirmation is not fatal to its motion, as the affirmation incorporated by reference deposition testimony which had been submitted by the co-defendant.

Canty v. 133 E. 79th Street, LLC, NY Slip Op 09022 (1st Dep't December 27, 2018)

Here is the decision.