Opinion
10-10-2017
Jean F. DONSIMONI, Plaintiff–Respondent, v. Serigne M. FALL, Defendant–Appellant.
Bruno, Gerbino & Soriano, LLP, Melville (Nathan M. Shapiro of counsel), for appellant. Mitchell Dranow, Sea Cliff, for respondent.
Bruno, Gerbino & Soriano, LLP, Melville (Nathan M. Shapiro of counsel), for appellant.
Mitchell Dranow, Sea Cliff, for respondent.
Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered on or about January 19, 2017, which granted plaintiff's motion to reargue its prior order, entered on or about August 3, 2016, granting defendant's motion for summary judgment dismissing the complaint and, upon reargument, denied the motion, unanimously affirmed, without costs.
The fact that plaintiff's lone affidavit of merit in opposition to defendant's summary judgment was acknowledged by a vice-consul in the U.S. Embassy in Paris, France, yet was submitted without a requisite certificate of conformity (see CPLR 2309[c] ; Real Property Law § 301, et seq. ), constituted an irregularity that could be corrected nunc pro tunc, if necessary (see DaSilva v. KS Realty, L.P., 138 A.D.3d 619, 30 N.Y.S.3d 85 [1st Dept.2016] ; Gyamfi v. Citywide Mobile Response Corp., 146 A.D.3d 612, 44 N.Y.S.3d 759 [1st Dept.2017] ), and the affidavit otherwise raised both factual and credibility issues as to the cause of the accident, warranting denial of summary judgment (see e.g. Redlich v. Stone, 152 A.D.3d 432, 55 N.Y.S.3d 651 [1st Dept.2017] ). We have considered defendant's remaining arguments and find them unavailing.
RICHTER, J.P., GISCHE, KAPNICK, KAHN, KERN, JJ., concur.