Green v. Fairway Operating Corp.

Appellate Division of the Supreme Court of New York

Green v. Fairway Operating Corp.

72 A.D.3d 613, 898 N.Y.S.2d 848

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 2010

StatusPublished

This text of 72 A.D.3d 613 (Green v. Fairway Operating Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Fairway Operating Corp., 72 A.D.3d 613, 898 N.Y.S.2d 848 (N.Y. Ct. App. 2010).

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Opinion

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 plaintiffs motion to vacate a prior order that had granted defendants’ motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.

Plaintiff fails to show a meritorious cause of action (see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291 [2006]). 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 [2007]). Concur— Mazzarelli, J.P., Friedman, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.

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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 plaintiffs motion to vacate a prior order that had granted defendants’ motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.

Plaintiff fails to show a meritorious cause of action (see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291 [2006]). 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 [2007]). Concur— Mazzarelli, J.P., Friedman, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.

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Bluebook (online)

72 A.D.3d 613, 898 N.Y.S.2d 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-fairway-operating-corp-nyappdiv-2010.

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