Betz v Daniel Conti, Inc., 2010 NY Slip Op 00086 (2d Dept. 2010)
“Although the affidavit of the defendants’ expert, which was notarized outside the state, failed to conform to the requirements set forth in CPLR 2309(c), contrary to the Supreme Court’s determination, such defect was not fatal, as the plaintiff was not prejudiced thereby ( see CPLR 2001; Smith v. Allstate Ins. Co., 38 AD3d 522; see also Falah v. Stop & Shop Cos., Inc., 41 AD3d 638).”
I am trying to find out if the plaintiff in his opposition papers objected to Defendant’s violation of CPLR 2309(c). I checked the court’s website to see if the underlying order was available online, either in .html or .pdf format. Much to my dismay, it is nowhere to be found. Would someone who appears in Supreme Suffolk or Suffolk County Court be willing to pull this order and email it to me? The index # is: 17202/06. If there is no mention in the order as to whether Plaintiff objected to the improper attestation, would you be able to go through plaintiff’s opposition papers to see if he objected?
