In deciding defendant's motion to dismiss the complaint, the motion court properly considered defendant's sworn affidavit attaching the contract at issue, even though it lacked the required certificate of conformity. The absence of such a certificate is a mere irregularity and not a fatal defect. The motion court properly disregarded the irregularity because plaintiff does not allege that it prejudiced her.
Sebrow v. Sebrow, NY Slip Op 03337 (1st Dep't May 19, 2022)
