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ORTIZ v. FOOD MACH. OF AM., INC.

14261, 301656/13.

125 A.D.3d 507 (2015)

RAFAEL GALVEZ ORTIZ, Plaintiff, v. FOOD MACHINERY OF AMERICA, INC., Defendant/Third-Party Plaintiff-Appellant. LA MINERVA OMEGA GROUP SRL, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided February 19, 2015.

The sole argument advanced in support of reversal is that the motion court erred in considering the affidavit submitted by La Minerva in support of its motion to dismiss, because the affidavit was not accompanied by a translator's affidavit. However, the witness's affidavit is in English, and La Minerva's counsel represents that the witness, an Italian citizen, speaks English, and communicated with counsel in English concerning the drafting of the affidavit (see CPLR...

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