March 4, 2021

Amending an expert's affirmation.

The Appellate Division determined that, on a motion for summary judgment in this medical malpractice action, it was within the motion court's discretion to permit defendants, in their reply, to cure the technical defects in their expert's affirmation with an amended affirmation that included the term "under penalty of perjury."

Bamberg-Taylor v. Strauch, NY Slip Op 01227 (1st Dep't March 2, 2021)

Here is the decision.