New Millennium Psychological Servs., P.C. v Unitrin Advantage Ins. Co., 2011 NY Slip Op 21240 (App. Term 2d Dept. 2011)
“Plaintiff argues that the “affidavit” of its psychologist, submitted in opposition to defendant’s motion for summary judgment, was sufficient to raise a triable issue of fact. However, the “affidavit,” which contained a notary public’s stamp and signature, bore no caption and contained no attestation that the psychologist was duly sworn or that he had appeared before the notary public”
Well, the caption defect has to be rejected within two (2) days of receipt of the document. The no attestation defect has to be objected to in the answering or reply papers, where appropriate. Failure to properly object leads to the waiver of the objection.
