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LEATHER FACTS v. FOY

157 Misc.2d 35 (1993)

595 N.Y.S.2d 874

Leather Facts, Inc., Plaintiff, v. Clementine T. Foy et al., Defendants.

Civil Court of the City of New York, New York County.

March 1, 1993

Attorney(s) appearing for the Case

Kenneth Adler & Associates (Alan Copertino of counsel), for United Parcel Service, defendant. Levy, Ehrlich & Kronenberg (Theresa C. Calicchia of counsel), for plaintiff.

LOUIS B. YORK, J.

Defendant United Parcel Service (UPS) moves that it be dismissed from this action. Initially, we note that plaintiff Leather Facts, Inc. has responded to this motion solely with its attorney's affirmation and attached exhibits. The attorney has no personal knowledge of the facts of the case, which he sets forth in his affirmation. The appropriate party to attest to the facts is, quite clearly...

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