Caramanica v. State Farm Fire & Casualty Co.

Special Term erred in holding that appellant’s moving papers were insufficient to grant its cross motion for summary judgment. While an affirmation by an attorney who does not have personal knowledge of the essential facts is insufficient (David Graubart, Inc. v Bank Leumi Trust Co., 48 NY2d 554), in this case the cross motion was based on the affirmation of an attorney with personal knowledge of the facts. The cross motion was based on the contentions that appellant’s attorneys had asked plaintiff to submit to an examination under oath pursuant to the parties’ standard fire insurance…