New York Law (NYLE) Practice Exam

What is the general probative value of an attorney's affirmation in support of a motion for summary judgment?

1. It has significant probative value for all facts asserted

2. It has no probative value with respect to facts asserted therein

3. It is considered conclusive evidence

4. It can serve as a primary source of evidence

The correct answer is: It has no probative value with respect to facts asserted therein

An attorney's affirmation in support of a motion for summary judgment typically has no probative value with respect to the facts asserted within it. This is because the affirmation is usually considered to be merely the attorney's statements or opinions about the case rather than concrete facts supported by evidence. In New York law, factual assertions made by an attorney are not equivalent to evidentiary proof; they do not serve as a substitute for admissible evidence. In summary judgment motions, the court requires evidence that would be admissible at trial to support the claims and defenses put forth by the parties. Hence, affirmations from attorneys, while they can articulate legal arguments and summarize evidence, do not stand on their own to demonstrate or establish the truth of the underlying facts. This is why it is critical for parties to present credible evidence, such as affidavits from witnesses or documentary evidence, when seeking summary judgment, rather than relying solely on attorney affirmations.