The statute provides that "[w]here an affidavit or exhibit annexed to a paper served or filed is in a foreign language, it shall be accompanied by an English translation and an affidavit by the translator stating his qualifications and that the translation is accurate." Here, the Appellate Division found that evidence in the record, including the deposition testimony of an interpreter who was hired by the defendants to assist in the preparation of the affidavits of merit, established that those affidavits were not prepared in accordance with the statutory requirements or the decisional law cited in the Supreme Court's order. The Appellate Division affirmed the Supreme Court's determination granting those branches of the plaintiff's motion which were to dismiss the amended counterclaim and to cancel the notice of pendency.
Testa v. Testa, NY Slip Op 01947 (2d Dep't March 18, 2020)
Here is the decision.
