January 11, 2019

Remedial affidavits.

Practice point:  In determining whether the pleading states a cause of action, a court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint.

A. Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, NY Slip Op 00082 (2d Dep't January 9, 2019)

Here is the decision.