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Green v. Fairway Operating Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2010
72 A.D.3d 613 (N.Y. App. Div. 2010)

Summary

finding plaintiff failed to satisfy her burden by submitting an affidavit sworn in the Dominican Republic, without the required certificate of conformity

Summary of this case from Lefkara Grp., LLC v. First Am. Int'l Bank

Opinion

No. 2408.

April 29, 2010.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered January 14, 2009, which, in an action for personal injuries sustained in a slip and fall in defendants-respondents' (defendants) supermarket, denied plaintiff's motion to vacate a prior order that had granted defendants' motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.

Steven M. Weinstein, Plainview, for appellant.

Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York (Judy C. Selmeci of counsel), for respondents.

Before: Mazzarelli, J.P., Friedman, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.


Plaintiff fails to show a meritorious cause of action ( see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291). In order to establish a meritorious cause of action, the affidavit of her nonparty witness who accompanied her to the supermarket was essential. The affidavit of plaintiffs witness, purportedly sworn to in the Dominican Republic, lacks the certificate of conformity (Real Property Law § 301-a) required by CPLR 2309 (c), and therefore is not properly before the Court ( see Matter of Elizabeth R.E. v Doundley A.E., 44 AD3d 332).


Summaries of

Green v. Fairway Operating Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2010
72 A.D.3d 613 (N.Y. App. Div. 2010)

finding plaintiff failed to satisfy her burden by submitting an affidavit sworn in the Dominican Republic, without the required certificate of conformity

Summary of this case from Lefkara Grp., LLC v. First Am. Int'l Bank
Case details for

Green v. Fairway Operating Corp.

Case Details

Full title:ROSA GREEN, Appellant, v. FAIRWAY OPERATING CORP. et al., Respondents, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 29, 2010

Citations

72 A.D.3d 613 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 3481
898 N.Y.S.2d 848

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