MERCANTILE NAT. BANK v. WISMER


48 Misc.2d 275 (1965)

Mercantile National Bank of Chicago, Respondent, v. Harry Wismer, Appellant.

Supreme Court, Appellate Term, First Department.

September 16, 1965


Attorney(s) appearing for the Case

Rembar & Zolotar (George Zolotar and Irving Klein of counsel), for appellant. Joseph F. Romano and Theodore J. Zimmerman for respondent.

Concur — TILZER, J. P., HECHT and HOFSTADTER, JJ.


Per Curiam.

The defendant seasonably objected to the absence from the plaintiff's affidavit in support of its motion for summary judgment, sworn to in the State of Illinois, of the authenticating certificate prescribed by CPLR 2309 (subd. [c]). Though the defect could have been cured by amendment, it was not so cured; the affidavit was, therefore, not properly before the court (Majestic Co. v. Wender,

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