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CLARK v. RICHARDSON

7093N. 42224/17E.

163 A.D.3d 448 (2018)

80 N.Y.S.3d 260

2018 NY Slip Op 05124

Darcel D. Clark, Appellant, v. Derrick Richardson, Respondent.

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

Decided July 10, 2018.

Plaintiff District Attorney established entitlement to judgment by submitting the complaint, which was verified by an Assistant District Attorney who was "acquainted with the facts" of the underlying criminal action (CPLR 3020 [d] [2]). The verified complaint was properly submitted in lieu of an affidavit of merit (see CPLR 3215 [f]), since it was supported by the arresting detective's allegations in the felony complaint...

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