Gonzalez v Ayala, 2016 NY Slip Op 05626 (2d Dept. 2016)
“In support of their motion, the defendants submitted, inter alia, an affidavit from the defendant driver, and various witness statements verified pursuant to Law] Penal Law § 210.45, which presented conflicting evidence as to how the accident occurred, including a statement that the defendants’ vehicle “stop[ped] short at [a] green light [and] the motorcycle . . . had no time to stop or maneuver.”
In a state that still holds the affidavit so near and dear, I am amused when I see PL 210.45 statements sufficient to raise issues of fact. They should allow everyone to make CPLR 2106 statements in this state. We are so antiquated in that regard.
