Key Takeaway
New York appellate court allows correction of defective declaration to proper affidavit form in summary judgment motion, demonstrating courts' flexibility with technical procedural defects.
Court Allows Technical Correction from Declaration to Affidavit
Summary judgment motions in New York require strict adherence to procedural rules, particularly regarding the form of supporting evidence. Under CPLR 3212, affidavits are the preferred method for presenting factual evidence to support or oppose summary judgment. However, what happens when a party submits a declaration instead of a proper affidavit? A recent Fourth Department decision provides important guidance on how courts handle these technical defects.
In civil litigation, including New York no-fault insurance law cases, the distinction between declarations and affidavits might seem minor, but it can have significant procedural consequences. Affidavits require specific formalities, including being sworn before a notary public or other authorized official, while declarations are typically unsworn statements.
Jason Tenenbaum’s Analysis:
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 ), 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 ; Matos v Schwartz, 104 AD3d 650, 653 ; Supreme Automotive Mfg. Corp. v Continental Cas. Co., 97 AD2d 700, 700 ).”
Key Takeaway
Courts maintain discretion to allow parties to correct technical defects in summary judgment papers, particularly when the same evidence is resubmitted in proper form. This decision reinforces that procedural flexibility under CPLR 2001 allows courts to focus on substantive issues rather than dismissing motions for minor technical violations, provided the correction doesn’t prejudice the opposing party.
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
