Opinion
131 CA 14-01007
03-20-2015
Steve BROOM, Plaintiff–Appellant, v. RUBIN & YATES, LLC, Defendant–Respondent.
Pope Law Firm, PLLC, Williamsville (Paul T. Buerger, Jr., of Counsel), and The Schulman Law Firm, P.C., Dallas, Texas, for Plaintiff–Appellant. Raymond C. Stilwell, Williamsville, for Defendant–Respondent.
Pope Law Firm, PLLC, Williamsville (Paul T. Buerger, Jr., of Counsel), and The Schulman Law Firm, P.C., Dallas, Texas, for Plaintiff–Appellant.
Raymond C. Stilwell, Williamsville, for Defendant–Respondent.
Opinion
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 plaintiff's 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 plaintiff's motion. We affirm. Contrary to plaintiff's 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 A.D.2d 453, 453–454, 610 N.Y.S.2d 605 ; see generally Anderson v. House of Good Samaritan Hosp., 44 A.D.3d 135, 144, 840 N.Y.S.2d 508 ; Consolidated Edison Co. of N.Y. v. Allstate Ins. Co., 283 A.D.2d 322, 323, 724 N.Y.S.2d 853 ) In light of our determination, we do not address plaintiff's remaining contention.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. SCUDDER, P.J., SMITH, VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.