Watabe v Ci:Labo USA, Inc., 2019 NY Slip Op 00354 [1st Dept. 2019]
The court correctly found, upon renewal, that plaintiffs Sugioka’s and Otani’s affidavits in opposition to defendant’s motion were admissible. The fact that Sugioka and Otani, as well the other plaintiffs, testified at a deposition with the assistance of a Japanese translator does not preclude them from drafting their affidavits in English, and, accordingly, their affidavits did not need to be accompanied by an affidavit by a Japanese translator. Otani’s affidavit that was personally served on defendant was not otherwise inadmissible on the ground that it contained an electronic signature (State Technology Law § 304[2]).
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