Boutov v. Hanson

2026 NY Slip Op 31058(U)
CourtNew York Supreme Court, New York County
DecidedMarch 17, 2026
DocketIndex No. 805320/2024
StatusUnpublished
AuthorJohn J. Kelley

This text of 2026 NY Slip Op 31058(U) (Boutov v. Hanson) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boutov v. Hanson, 2026 NY Slip Op 31058(U) (N.Y. Super. Ct. 2026).

Opinion

Boutov v Hanson 2026 NY Slip Op 31058(U) March 17, 2026 Supreme Court, New York County Docket Number: Index No. 805320/2024 Judge: John J. Kelley Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.8053202024.NEW_YORK.002.LBLX000_TO.html[03/25/2026 3:45:53 PM] INDEX NO. 805320/2024 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JOHN J. KELLEY PART 56M Justice ---------------------------------------------------------------------------------X INDEX NO. 805320/2024 ALEXANDER A. BOUTOV and OLGA BOUTOV, MOTION DATE 12/11/2025 Plaintiffs, MOTION SEQ. NO. 002 -v- MATTHEW B. HANSON, M.D., BILLY YANG, M.D., and DECISION + ORDER ON UNIVERSITY PHYSICIANS OF BROOKLYN, INC., MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 002) 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 were read on this motion to/for RENEWAL/JUDGMENT - DEFAULT .

This is an action to recover damages for medical malpractice based on alleged

departures from good and accepted practice, lack of informed consent, and loss of spousal

consortium. The plaintiffs move pursuant to CPLR 2221(e) for leave to renew their prior motion

(MOT SEQ 001) for leave to enter a default judgment on the issue of liability against the

defendant United Physicians of Brooklyn, Inc. (UPB), which had been denied without prejudice

to renewal in an order dated September 26, 2025. No party opposes the motion. The motion is

granted and, upon renewal, the plaintiffs are granted leave to enter a default judgment on the

issue of liability against UPB, and the matter is set down for an inquest on the issue the

damages for which UPB is liable, to be conducted concurrently with the trial of the action

against the remaining defendants.

As explained in this court’s September 26, 2025 order disposing of Motion Sequence

001, where a plaintiff moves for leave to enter a default judgment, he or she must submit proof

of service of the summons and complaint upon the defaulting defendant, proof of the

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defendant’s default, and proof of the facts constituting the claim (see CPLR 3215[f]; Woodson v

Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480, 481 [1st

Dept 2023]; Gray v Doyle, 170 AD3d 969, 971 [2d Dept 2019]; Gantt v North Shore-LIJ Health

Sys., 140 AD3d 418, 418 [1st Dept 2016]; Atlantic Cas. Ins. Co. v RJNJ Services, Inc. 89 AD3d

649, 651 [2d Dept 2011]; see also Manhattan Telecom. Corp. v H & A Locksmith, Inc., 21 NY3d

200, 202 [2013]). As the court further determined in that order, the relevant affidavit of service

established that UPB was properly served with process, that the affirmation of the plaintiffs’

attorney established that UPB did not answer or move with respect to the complaint or appear in

the action and that, hence, UPB was in default.

With respect to the proof of the facts constituting the claim, the court explained that,

“CPLR 3215 does not contemplate that default judgments are to be rubber- stamped once jurisdiction and a failure to appear have been shown. Some proof of liability is also required to satisfy the court as to the prima facie validity of the uncontested cause of action (see, 4 Weinstein-Korn-Miller, NY Civ Prac paras. 3215.22-3215.27). The standard of proof is not stringent, amounting only to some firsthand confirmation of the facts”

(Joosten v Gale, 129 AD2d 531, 535 [1st Dept 1987]; see Martinez v Reiner, 104 AD3d 477,

478 [1st Dept 2013]; Beltre v Babu, 32 AD3d 722, 723 [1st Dept 2006]). Stated another way,

while the “quantum of proof necessary to support an application for a default judgment is not

exacting . . . some firsthand confirmation of the facts forming the basis of the claim must be

proffered” (Guzetti v City of New York, 32 AD3d 234, 236 [1st Dept 2006]). In other words, the

proof submitted must establish a prima facie case (see id.; Silberstein v Presbyterian Hosp., 95

AD2d 773 [2d Dept 1983]). “Where a valid cause of action is not stated, the party moving for

judgment is not entitled to the requested relief, even on default” (Green v Dolphy Constr. Co.,

187 AD2d 635, 636 [2d Dept 1992]; see Walley v Leatherstocking Healthcare, LLC, 79 AD3d

1236, 1238 [3d Dept 2010]). In moving for leave to enter a default judgment, the plaintiff must

“state a viable cause of action” (Fappiano v City of New York, 5 AD3d 627, 628 [2d Dept 2004]).

In evaluating whether the plaintiff has fulfilled this obligation, the defendant, as the defaulting

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party, is “deemed to have admitted all factual allegations contained in the complaint and all

reasonable inferences that flow from them” (Woodson v Mendon Leasing Corp., 100 NY2d 62,

71 [2003]). The court, however, must still reach the legal conclusion that those factual

allegations establish a prima facie case (see Matter of Dyno v Rose, 260 AD2d 694, 698 [3d

Dept 1999]).

Proof that the plaintiff has submitted “enough facts to enable [the] court to determine that

a viable” cause of action exists (Woodson v Mendon Leasing Corp., 100 NY2d at 71; see Gray v

Doyle, 170 AD3d at 971) may be established by an affidavit of a party or someone with

knowledge, authenticated documentary proof, or by complaint verified by the plaintiff that

sufficiently details the facts and the basis for the defendant’s liability (see CPLR 105[u];

Woodson v Mendon Leasing Corp., 100 NY2d at 71; Gray v Doyle, 170 AD3d at 971; Voelker v

Bodum USA, Inc., 149 AD3d 587, 587 [1st Dept 2017]; Al Fayed v Barak, 39 AD3d 371, 371

[1st Dept 2007]; see also Michael v Atlas Restoration Corp., 159 AD3d 980, 982 [2d Dept 2018];

Zino v Joab Taxi, Inc., 20 AD3d 521, 522 [2d Dept 2005]; see generally Mitrani Plasterers Co.,

Inc. v SCG Contr. Corp., 97 AD3d 552, 553 [2d Dept 2012]). As the court explained it in its prior

order, in the context of a medical malpractice action, generally an affidavit or affirmation of merit

from an expert is required to support a motion for leave to enter a default judgment, unless the

matters alleged are within the ordinary experience and knowledge of a lay person (see Fiore v

Galang, 64 NY2d 999, 1000-1001 [1985]; Bollinger v Mark Mordechai Liechtung, DMD, P.C.,

2023 NY Slip Op 31537[U], *5, 2023 NY Misc LEXIS 2231, *6 [Sup Ct, N.Y. County, May 5,

2023] [Kelley, J.]; Checo v Mwando, 2022 NY Slip Op 31223[U], *4, 2022 NY Misc LEXIS 1865,

*5 [Sup Ct, N.Y. County, Apr. 7, 2022] [Kelley, J.]; Garcia v Solomon, 2020 NY Misc LEXIS

17635, *2 [Sup Ct, Bronx County, Jun. 19, 2020]; Charles v Wolfson, 62 Misc 3d 1224[A], 2019

NY Slip Op 50251[U], *1, 2019 NY Misc LEXIS 866, *3 [Sup Ct, Bronx County, Mar 6, 2019]).

On their prior motion, the plaintiffs did not submit an expert affirmation or affidavit. In

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Bluebook (online)
2026 NY Slip Op 31058(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/boutov-v-hanson-nysupctnewyork-2026.