SCHULTE ROTH & ZABEL, LLP v. KASSOVER


28 A.D.3d 404 (2006)

812 N.Y.S.2d 874

SCHULTE ROTH & ZABEL, LLP, Respondent, v. PHILIP J. KASSOVER, Appellant.

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

April 27, 2006.


Defendant's contention that he raised an issue of fact with respect to whether plaintiff represented him in his capacity as executor, as well as individually as had been alleged in the original answer, ignores the governing procedure. Although the standard for amending a pleading is less exacting than in moving for summary judgment, there must still be an affidavit of merit or an offer of evidence similar to that supporting a summary...

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