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GLATT v. MARINER PARTNERS, INC.

1148N, 601590/07.

66 A.D.3d 440 (2009)

885 N.Y.S.2d 604

2009 NY Slip Op 7204

ALAN D. GLATT, Appellant-Respondent, v. MARINER PARTNERS, INC., Respondent-Appellant, et al., Defendant.

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

Decided October 8, 2009.

Plaintiff's failure to submit an affidavit of merit with his motion to amend cannot be remedied by an affidavit submitted for the first time in reply (Schulte Roth & Zabel, LLP v Kassover, 28 A.D.3d 404, 405 [1st Dept 2006]). Thus, the motion to amend should have been denied. Were we to consider the contents of the proposed affidavit, it is nonetheless insufficient to excuse the long delay.

The cause of action for breach...

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