Diners Club, Inc. v. Makoujy

OPINION OF THE COURT

Bruce McM. Wright, J.

In this action to enforce a Pennsylvania judgment against the defendant, a New York resident, the plaintiff moves for an order pursuant to section 1738 of title 28 of the United States Code granting summary judgment to the plaintiff. The moving affidavit is authored by counsel for the plaintiff and, presumably, he relies upon the sense of Zuckerman v City of New York (49 NY2d 557, 563) where affidavits in support of summary judgment, sworn to by counsel without personal knowledge, are tolerated because they “serve as the vehicle for the submission of…