FURLENDER v. SICHENZIA ROSS FRIEDMAN FERENCE LLP

3808, 602984/08.

79 A.D.3d 470 (2010)

912 N.Y.S.2d 204

BORIS FURLENDER, Appellant, v. SICHENZIA ROSS FRIEDMAN FERENCE LLP, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided December 7, 2010.


The affidavit of defendant's attorney was a proper vehicle for the submission of acceptable attachments providing "`evidentiary proof in admissible form', e.g., documents," even though the attorney had no first-hand knowledge of the underlying facts (Zuckerman v City of New York, 49 N.Y.2d 557, 563 [1980]). Those documents, prepared by defendant in connection with the establishment of an enterprise between plaintiff and defendant...

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