Mercantile National Bank of Chicago v. Wismer

The defendant seasonably objected to the absence from the plaintiff’s affidavit in support of its motion for summary judgment, sworn to in the State of Illinois, of the authenticating certificate prescribed by CPLR 2309 (subd. [c]). Though the defect could have been cured by amendment, it was not so cured; the affidavit was, therefore, not properly before the court (Majestic Co. v. Wender, 24 Misc 2d 1018).

While CPLR 3213 permits a plaintiff to serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint, in an action upon a judgment or…