A declaration later became an affidavitJuly 23, 2020

Bacon & Seiler Constructors, Inc. v Solvay Iron Works, Inc., 2020 NY Slip Op 04020 (4th Dept. 2020)

“Contrary to plaintiff’s further contention, the court did not abuse its discretion in allowing defendants to correct an error in Sheila Maestri’s declaration. While the declaration initially submitted by defendants in support of the motion was defective because the declaration was not in affidavit form (see CPLR 3212 [b]), defendants corrected that technical defect by submitting the identical evidence in proper form in their reply papers. Under these circumstances, the [*2]original defect in form does not require denial of defendants’ motion with respect to Sheila Maestri (see CPLR 2001; Qi Sheng Lu v World Wide Travel of Greater N.Y., Ltd., 111 AD3d 690, 690 [2d Dept 2013]; Matos v Schwartz, 104 AD3d 650, 653 [2d Dept 2013]; Supreme Automotive Mfg. Corp. v Continental Cas. Co., 97 AD2d 700, 700 [1st Dept 1983]).”

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