Pursuant to CPLR 3212(b), the motion must be supported by an affidavit made by a person with knowledge of the facts. Here, plaintiff failed to submit an affidavit. Plaintiff submitted his attorney's affirmation, but such an affirmation is of no evidentiary value. Plaintiff's complaint is not verified, and so it cannot be used in lieu of an affidavit.
Tribbs v. 326-338 E 100th LLC, NY Slip Op 01950 (1st Dep't April 13, 2023)
