Opinion
9576 Index 162668/15
06-06-2019
Deborah POLLACK, et al., Plaintiffs–Respondents, v. Ariel OVADIA, Defendant–Appellant.
Ariel Ovadia, appellant pro se. Law Offices of Steven S. Sieratzki, New York (Steven S. Sieratzki of counsel), for respondents.
Ariel Ovadia, appellant pro se.
Law Offices of Steven S. Sieratzki, New York (Steven S. Sieratzki of counsel), for respondents.
Friedman, J.P., Tom, Kapnick, Kahn, JJ.
Order, Supreme Court, New York County (Melissa A. Crane, J.) entered on or about March 14, 2018, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Although pro se defendant tenant could submit an affirmation rather than an affidavit for religious reasons, the document was still required to be notarized, and therefore the motion court was constrained to reject his unnotarized affirmation (see Slavenburg Corp. v. Opus Apparel, 53 N.Y.2d 799, 801, 439 N.Y.S.2d 910, 422 N.E.2d 570 n [1981] ; see also John Harris P.C. v. Krauss, 87 A.D.3d 469, 928 N.Y.S.2d 295 [1st Dept. 2011] ). Accordingly, the motion was not supported by affidavit or affirmation of facts, and was properly denied ( CPLR 3212[b] ).