“But My Expert’s Affidavit Was Flawless, Wasn’t It?” New York Law Journal June 12, 2014
“[A]n affidavit signed and sworn to outside of New York State must be accompanied by a certificate of conformity; otherwise the affidavit will be deemed a nullity. It is unsurprising that this particular issue has not received much treatment by the appellate courts, being such a discrete and seldom-implicated rule,” write Ellen H. Greiper and Scott P. Eisenberg, members of Goldberg Segalla’s General Liability Practice Group.
In this New York Law Journal article, Ellen and Scott conclude that the lesson to be learned about expert testimony “is a simple, yet crucially important one. If you plan to utilize an expert report and supporting affidavit from an out-of-state expert, ensure that it is in full compliance with CPLR §2309(c). It is easier to take the time to ensure the ‘Ts are crossed and Is are dotted’ before filing your motion than it is to explain to your client that you lost a motion and potentially set him up for unnecessary exposure based upon your own oversight.”
Read the article here:
- Ellen H. Greiper and Scott P. Eisenberg, “But My Expert’s Affidavit Was Flawless, Wasn’t It?” New York Law Journal, June 12, 2014