Leonard Hospital v. Messier

Appeal from an order of the County Court of Saratoga County which denied plaintiff’s motion for summary judgment and granted defendant’s motion for leave to file an amended answer. The affidavit of respondent’s attorney is inadequate to support a motion for leave to file an amended answer. While leave to amend is to be freely given, upon such terms as may be just (CPLR 3025, subd. [fo]), the affidavit accompanying the notice of motion should be the affidavit of the party himself. The attorney’s affidavit cannot be accepted in lieu of the affidavit of the party, unless the facts upon which the…