Summary
In Amodeo, a case involving the issue of whether the Plaintiff established an excusable default and a meritorious cause of action, the Court of Appeals affirmed a finding by the Appellate Division that the Plaintiff was required to submit an affidavit from a medical expert to establish a meritorious cause of action.
Summary of this case from Dunetz v. MelamedOpinion
Argued June 8, 1983
Decided July 7, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.
James L. Fischer, Thomas W. Hyland, John W. Manning and Robert F. DiUbaldo for appellants.
E. Richard Rimmels, Jr., for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that plaintiffs failed to establish any merit to their cause of action. Failing that, it was proper for the court to grant defendant's motion for summary judgment. ( Indig v Finkelstein, 23 N.Y.2d 728.)
It is thus unnecessary for us, at this time, to address the recently enacted amendments to the CPLR to allow the lower courts to exercise discretion "to excuse delay or default resulting from law office failure." (CPLR 2005, 3012, subd [d].)
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.
Order affirmed, with costs, in a memorandum.