Appellate Division of the Supreme Court of New York, 1982

Colonial Country Club, Inc. v. Village of Ellenville

Colonial Country Club, Inc. v. Village of Ellenville
Appellate Division of the Supreme Court of New York · Decided August 6, 1982
89 A.D.2d 935; 453 N.Y.S.2d 276; 1982 N.Y. App. Div. LEXIS 18121
Colonial Country Club, Inc. v. Village of Ellenville

Opinion of the Court

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.

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