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GIACCIO v. KIAMESHA CONCORD, INC.

22 A.D.2d 723 (1964)

Angelo J. Giaccio, Respondent, v. Kiamesha Concord, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 23, 1964

Per Curiam.

It is a condition to defense of a motion to dismiss for neglect that the plaintiff furnish an affidavit of merit. While, as we have held, the affidavit need not be made by the plaintiff (Sznukowski v. B. F. Goodrich Co., 18 A.D.2d 861), it must be by a person having knowledge of the facts and must be as good as the kind of affidavit which could defeat a motion for summary judgment on the ground that there...

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