In Sanford v. 27-29 W. 181st Street Ass'n, 300 AD2d 250, 753 N.Y.S.2d 49 (1st Dept. 2002), the court held that an affidavit submitted with movant's reply mandated consideration because it was not meant to cure a deficiency in the initial motion.

The Court also reiterated that the law regarding reply papers excludes only those replies where the proponent of summary judgment seeks to "remedy a fundamental deficiency in the moving papers by submitting evidentiary material with the reply." Id. at 251.