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FIRSTCOM v. NEW YORK SOUND

184 Misc.2d 524 (2000)

709 N.Y.S.2d 329

FIRSTCOM BROADCAST SERVICES, Plaintiff, v. NEW YORK SOUND INC. et al., Defendants.

Civil Court, New York County.

March 15, 2000.

Attorney(s) appearing for the Case

Ross Suchoff Taroff Egert & Hankin P. C., New York City, for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

Plaintiff moves for a default judgment based on an affidavit executed in Texas, but not accompanied by a certificate authenticating the authority of the person administering the oath, as required by CPLR 2309 (c). While the courts previously have denied such motions based on the failure to authenticate the authority of a notary public outside New York, this court, on defendants...

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