Justice Edgar Walker

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Defendants moved for summary judgment, and to strike plaintiff’s attorney Wallace’s amended affirmation. Plaintiff also sought an extension of time to submit opposition papers to defendants’ summary judgment motion. One day before an agreed upon date by the parties that defendants’ motion for summary judgment was to be argued, Wallace filed papers in opposition containing exhibits, submitting an affidavit of service averring he served same upon defense counsel electronically and by mail. Defense moved to strike opposition papers as untimely contending she was never served with copies of the exhibits as Wallace merely handed her the copies in the date of oral arguments, including a disk allegedly containing digital copies of the exhibits. Defense claimed the disk was blank, and a second copy provided by Wallace was also blank. The court found plaintiff failed to comply with CPLR 2214(c)—failing to furnish all necessary papers, ruling Wallace’s statements to the court that all paperwork was previously served on defense counsel were false, by his own admission during oral arguments. As neither plaintiff’s affirmation, nor exhibits may be considered in opposition to defendants’ summary judgment motion, the motion was granted and action dismissed.

Justice Edgar Walker

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Defendants moved for summary judgment, and to strike plaintiff’s attorney Wallace’s amended affirmation. Plaintiff also sought an extension of time to submit opposition papers to defendants’ summary judgment motion. One day before an agreed upon date by the parties that defendants’ motion for summary judgment was to be argued, Wallace filed papers in opposition containing exhibits, submitting an affidavit of service averring he served same upon defense counsel electronically and by mail. Defense moved to strike opposition papers as untimely contending she was never served with copies of the exhibits as Wallace merely handed her the copies in the date of oral arguments, including a disk allegedly containing digital copies of the exhibits. Defense claimed the disk was blank, and a second copy provided by Wallace was also blank. The court found plaintiff failed to comply with CPLR 2214(c) —failing to furnish all necessary papers, ruling Wallace’s statements to the court that all paperwork was previously served on defense counsel were false, by his own admission during oral arguments. As neither plaintiff’s affirmation, nor exhibits may be considered in opposition to defendants’ summary judgment motion, the motion was granted and action dismissed.