2309 again – nothing different todayOctober 10, 2017
Donsimoni v Fall, 2017 NY Slip Op 07092 (1st Dept. 2017)
“The fact that plaintiff’s lone affidavit of merit in opposition to defendant’s summary judgment was acknowledged by a vice-consul in the U.S. Embassy in Paris, France, yet was submitted without a requisite certificate of conformity (see CPLR 2309[c]; Real Property Law § 301, et seq.), constituted an irregularity that could be corrected nunc pro tunc, if necessary (see DaSilva v KS Realty, L.P., 138 AD3d 619 [1st Dept 2016]; Gyamfi v Citywide Mobile Response Corp., 146 AD3d 612 [1st Dept 2017])….”
It is amazing that the Court actually countenanced the certificate of conformity argument in the first place.