BROOM, STEVE v. RUBIN & YATES, LLC

126 A.D.3d 1331, 3 N.Y.S.3d 671

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 20, 2015
• Docket: CA 14-01007
• Status: Published

Opinion

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered August 9, 2013. The order granted plaintiffs motion for leave to reargue and renew his prior motion for summary judgment in lieu of complaint and upon reargument and renewal, adhered to a prior order denying the motion for summary judgment in lieu of complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: By motion for summary judgment in lieu of complaint pursuant to CPLR 3213, plaintiff commenced this action to enforce a judgment entered in Texas upon the default of defendant. Supreme Court denied the motion on the ground that the copy of the judgment submitted with plaintiffs moving papers was not properly authenticated. Plaintiff now appeals from an order granting his motion for leave to renew and reargue and, upon renewal and reargument, adhering to the prior decision denying plaintiffs motion. We affirm. Contrary to plaintiffs contention, the judgment was not properly authenticated because it was not accompanied by the certification required by CPLR 4540 (c) (see Waingort v Waingort, 203 AD2d 453, 453-454 [1994]; see generally Anderson v House of Good Samaritan Hosp., 44 AD3d 135, 144 [2007]; Consolidated Edison Co. of N.Y. v Allstate Ins. Co., 283 AD2d 322, 323 [2001]).

In light of our determination, we do not address plaintiffs remaining contention.

Present — Scudder, P.J., Smith, Valentino, Whalen and DeJoseph, JJ.