Legal Opinion
Leather Facts, Inc. v. Foy
Civil Court of the City of New York
Decided March 1, 1993PublishedCited by 1 opinion
1Opinion of the Court
*36OPINION OF THE COURT
Louis B. York, J.
Defendant United Parcel Service (UPS) moves that it be dismissed from this action. Initially, we note that plaintiff Leather Facts, Inc. has responded to this motion solely with its attorney’s affirmation and attached exhibits. The attorney has no personal knowledge of the facts of the case, which he sets forth in his affirmation. The appropriate party to attest to the facts is, quite clearly, plaintiff itself. (Zuckerman v City of New York, 49 NY2d 557, 563 [1980].) The attorney, however, may respond to defendant’s legal arguments regarding the case, and…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879
- American Machinery & Motor Co. v. United Parcel ServiceCivil Court of the City of New York · 1976
- Domani Jewelers, Inc. v. United Parcel ServiceNew York Supreme Court · 1990
- Transfer Products Co. v. United Parcel Service, Inc.Civil Court of the City of New York · 1980
3Cited by1 opinion
- Talpiot Corp. v. Ferrari Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2003