Summary
finding plaintiff failed to satisfy her burden by submitting an affidavit sworn in the Dominican Republic, without the required certificate of conformity
Summary of this case from Lefkara Grp., LLC v. First Am. Int'l BankOpinion
No. 2408.
April 29, 2010.
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 plaintiff's motion to vacate a prior order that had granted defendants' motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.
Steven M. Weinstein, Plainview, for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York (Judy C. Selmeci of counsel), for respondents.
Before: Mazzarelli, J.P., Friedman, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.
Plaintiff fails to show a meritorious cause of action ( see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291). 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).