Colonial Country Club, Inc. v. Village of Ellenville, 89 A.D.2d 935

Motion for reargument granted, without costs, and, upon reargument, original decision adhered to. If the complaint was in fact verified, and if verification by plaintiff’s attorney was proper (see CPLR 3020, subd [d]), such pleading amounts to'nothing more than an affidavit by plaintiff’s attorney which is insufficient for purposes of CPLR 3215 (subd [e]) (Georgia Pacific Corp. v Bailey, 77 AD2d 682). Mahoney, P. J., Sweeney, Main, Casey and Yesawich, Jr., JJ., concur.

Case Details

Case Name: Colonial Country Club, Inc. v. Village of Ellenville

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Aug 6, 1982

Citations: 89 A.D.2d 935; 453 N.Y.S.2d 276; 1982 N.Y. App. Div. LEXIS 18121

Court Abbreviation: N.Y. App. Div.