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BERKMAN BOTTGER & RODD, LLP v. STEPHANIE O'HARA MORIARTY

58 A.D.3d 539 (2009)

871 N.Y.S.2d 135

BERKMAN BOTTGER & RODD, LLP, Appellant, v. STEPHANIE O'HARA MORIARTY, Respondent.

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

January 22, 2009.

Summary judgment on the account stated cause of action should have been granted. Plaintiff's procedural error in submitting an attorney's affirmation in support of its motion, as opposed to an affidavit as required by CPLR 2106, was timely remedied when the same affirmation was submitted in affidavit form in reply papers (see e.g. Wester v Sussman, 304 A.D.2d 656 [2003], lv denied 100 N.Y.2d 510 [2003]), and there is no indication...

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