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MOCCIA v. CARRIER CAR RENTAL, INC.

40 A.D.3d 504 (2007)

837 N.Y.S.2d 67

RICHARD MOCCIA, Respondent, v. CARRIER CAR RENTAL, INC., et al., Appellants.

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

Decided May 29, 2007.

The affidavit submitted by defendants of a nonparty witness to the accident giving rise to this action raises a triable issue of fact as to plaintiff's comparative negligence. Plaintiff, however, raised a timely objection to the form of this affidavit, asserting that it did not comply with CPLR 2309 (c) and challenging the authority of the notary (cf. Sparaco v Sparaco, 309 A.D.2d 1029 [2003]). Such a defect in the form of the affidavit...

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