Student note: The absence of a certificate of conformity in violation of CPLR 2309 is not a fatal defect, and, if relief is denied on that ground, the denial should be without prejudice to renewal upon proper papers.
Case: Fuller v. Nesbitt, NY Slip Op 02897 (2d Dept. 2014)
Here is the decision.
Monday's issue: Liability when a plaintiff was thrown from a bike into a bus in a split-second.