MARAGOS v. SAKURAI

2011-08327.

92 A.D.3d 922 (2012)

938 N.Y.S.2d 908

2012 NY Slip Op 1592

MICHAEL MARAGOS, Plaintiff, v. TETSUYA SAKURAI, Appellant, et al., Defendant.

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

Decided February 28, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the motion of the defendant Tetsuya Sakurai for summary judgment dismissing the second amended complaint and all cross claims insofar as asserted against him is granted.

CPLR 3212 (b) requires that a motion for summary judgment must be supported by, among other things, an affidavit "by a person having knowledge of the facts." Notwithstanding this requirement...

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