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22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Although Wright’s affidavits filed in the Ejectment Action are not considered documentary evidence for purposes of CPLR § 3211 (a) (1) (Allen v Thompson, 224 AD3d 565, 568 [1st Dept 2024]), the statements therein constitute informal judicial admissions and, contrary to Wright’scontention, those prior statements can be considered on a CPLR § 3211 motion testing the sufficiency of a pleading (see Kaisman v Hernandez, 61 AD3d 565, 566 [1st Dept 2009];… [read post]