Furlender v. Sichenzia Ross Friedman Ference LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered October 20, 2009, which granted defendant-respondent law firm’s (defendant) motion pursuant to CPLR 3211 (a) (1) to dismiss the action as against it, unanimously affirmed, without costs.
The affidavit of defendant’s attorney was a proper vehicle for the submission of acceptable attachments providing “ ‘evidentiary proof in admissible form’, e.g., documents,” even though the attorney had no first-hand knowledge of the underlying facts (Zuckerman v City of New York, 49 NY2d 557, 563 [1980]). Those documents, prepared by…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- McHale v. AnthonyAppellate Division of the Supreme Court of the State of New York · 2007
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