Opinion
8773N Index 655841/17
03-21-2019
Elisabetta NICOTRA, et al., Plaintiffs–Appellants, v. Tricia DIGNAM, et al., Defendants–Respondents.
Brennan Law Firm PLLC, New York (Kerry A. Brennan of counsel), for appellants. Edmonds & Co., P.C., New York (Neil G. Marantz of counsel), for respondents.
Brennan Law Firm PLLC, New York (Kerry A. Brennan of counsel), for appellants.
Edmonds & Co., P.C., New York (Neil G. Marantz of counsel), for respondents.
Friedman, J.P., Renwick, Webber, Kahn, Kern, JJ.
The court properly denied plaintiffs' motion to strike the answer, because plaintiffs failed to demonstrate that a substantial right was prejudiced by the verification that was signed by only one defendant. Moreover, each defendant has submitted an affidavit stating that they adopted the allegations of the answer that was verified by one defendant with their authorization (see Duerr v. 1435 Tenants Corp., 309 A.D.2d 607, 765 N.Y.S.2d 774 [1st Dept. 2003] ).