Opinion
2013-04-18
Samuel NAVARRO, Plaintiff–Appellant, v. PLUS ENDOPOTHETIK, et al., Defendants–Respondents, Michael Duncan, et al., Defendants.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for respondents.
ANDRIAS, J.P., ACOSTA, FREEDMAN, RICHTER, GISCHE, JJ.
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered November 2, 2011, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to vacate an order, same court and Justice, entered March 2, 2011, upon plaintiff's default, granting defendants Henry Insler, M.D. and Signature Health Center, LLC's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Plaintiff failed to demonstrate a reasonable excuse for his failure to appear on the return date of the motion and a meritorious cause of action ( see Goldman v. Cotter, 10 A.D.3d 289, 781 N.Y.S.2d 28 [1st Dept. 2004];CPLR 5015[a][1] ). The record reflects that it was only after counsel for defendant Health and Hospitals Corporation (HHC) called plaintiff's counsel (from the courthouse) that plaintiff's counsel said he would not be appearing and requested an adjournment. There is no indication that he sought an adjournment from Dr. Insler and Signature Health Center with regard to their separately calendared motion. Moreover, plaintiff never opposed either of the motions returnable on that date, despite his counsel's having informed HHC's counsel on the telephone that he had submitted his opposition to HHC's motion ( see e.g. Wilf v. Halpern, 234 A.D.2d 154, 651 N.Y.S.2d 30 [1st Dept. 1996] ).
Plaintiff failed to submit “expert medical opinion evidence” to demonstrate the merit of his action ( see Mosberg v. Elahi, 80 N.Y.2d 941, 942, 590 N.Y.S.2d 866, 605 N.E.2d 353 [1992] ).
We have considered plaintiff's remaining arguments and find them unavailing.