Opinion
9134N Index 22250/16
04-30-2019
Aurea M. STIO, Plaintiff–Appellant, v. MONTEFIORE MEDICAL CENTER, also known as Montefiore Medical Group, Defendant–Respondent.
Phillips Law Group, P.C., North Salem (Jeffrey E. Phillips of counsel), for appellant. Yoeli Gottleib & Etra LLP, New York (Michael L. Burke of counsel), for respondent.
Phillips Law Group, P.C., North Salem (Jeffrey E. Phillips of counsel), for appellant.
Yoeli Gottleib & Etra LLP, New York (Michael L. Burke of counsel), for respondent.
Friedman, J.P., Gische, Webber, Kahn, Oing, JJ
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered June 22, 2018, which denied plaintiff's motion pursuant to CPLR 2221"to renew and to vacate" an order, same court and Justice, entered December 7, 2017, on default, dismissing the complaint for failure to comply with a prior discovery order, unanimously affirmed, without costs.
The motion court appropriately acknowledged that plaintiff satisfied a showing of excusable default, sufficient to vacate the underlying default. Plaintiff, however, did not show that her claim had merit. The bare-boned bill of particulars is verified only by an attorney, and there is no other sworn account of the incident.