Opinion
No. 2021-01049 Index No. 509003/19
10-05-2022
Jay Jose Pena, respondent, v. Geisinger Community Medical Center, et al., appellants.
The Perry Law Firm, LLC, Corning, NY (Mary M. Montoro of counsel), for appellants. Richard Batelman, Brooklyn, NY (Maksim Leyvi of counsel), for respondent.
The Perry Law Firm, LLC, Corning, NY (Mary M. Montoro of counsel), for appellants.
Richard Batelman, Brooklyn, NY (Maksim Leyvi of counsel), for respondent.
COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Genine D. Edwards, J.), dated January 4, 2021. The order denied the defendants' motion to dismiss the complaint for lack of personal jurisdiction.
ORDERED that the order is affirmed, with costs.
The defendants moved to dismiss the complaint for lack of personal jurisdiction, and the plaintiff opposed. In reply, the defendants submitted an affidavit from the defendant Anthony Sauter and an affidavit from the associate chief legal officer of the defendant Geisinger Community Medical Center. The Supreme Court denied the motion, holding that the attempt to cure the deficiency in the moving papers in reply was improper. The defendants appeal.
Contrary to the defendants' contention, the Supreme Court properly disregarded the two affidavits submitted in reply (see Rengifo v City of New York, 7 A.D.3d 773; Adler v Suffolk County Water Auth., 306 A.D.2d 229).
The defendants' remaining contention is improperly raised for the first time in a reply brief (see U.S. Bank N.A. v Faracco, 204 A.D.3d 953).
DUFFY, J.P., MALTESE, CHRISTOPHER and TAYLOR, JJ., concur.