The plaintiff brought a motion to compel the cross-examination of a law clerk who swore an affidavit in support of the defendants' pending motion.
The defendants raised a preliminary objection that the plaintiff's motion was unsupported by an affidavit.
The court held that the plaintiff could rely on uncontentious documents in her motion record without an affidavit.
The court also granted the motion to compel cross-examination, finding that the plaintiff had a prima facie right to cross-examine and there was no basis to interfere with it.