On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion, explaining:
Contrary to defendant’s argument, the documentary proof submitted by plaintiff was admissible, because an attorney affirmation, in addition to the contract between the parties and related documents, are properly submitted in support of a summary judgment motion, regardless of whether the attorney had first-hand knowledge of the underlying facts.
(Internal citations omitted).