Crotona Hgts. Med., P.C. v Mercury Ins. Co., 2010 NY Slip Op 52019(U)(App. Term 2d Dept. 2010)
“In opposition to the motion, plaintiff submitted an affirmation executed by its principal, Dr. Cordaro. Defendant objected to that affirmation in its reply papers, citing CPLR 2106. The submission of Dr. Cordaro’s affirmation was improper because Dr. Cordaro is a principal of plaintiff professional corporation, which is a party to the action.”
This was the fifth case where I prevailed on this discreet and hypertechnical issue. I believe this is the final appellate case I have perfected involving this issue. So, the next time you see this issue arise, rest assured that it will not be my doing.
