NICOTRA v. DIGNAM

8773N, 655841/17.

170 A.D.3d 565 (2019)

94 N.Y.S.3d 836

2019 NY Slip Op 02175

Elisabetta Nicotra et al., Appellants, v. Tricia Dignam et al., Respondents.

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

Decided March 21, 2019.


The court properly denied plaintiffs' motion to strike the answer, because plaintiffs failed to demonstrate that a substantial right was prejudiced by the verification that was signed by only one defendant. Moreover, each defendant has submitted an affidavit stating that they adopted the allegations of the answer that was verified by one defendant with their authorization (see Duerr v 1435 Tenants Corp., 309 A.D.2d 607 [1st...

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