Opinion
2021-05838 Index 157291/20
10-26-2021
Dervanna H.A. Troy-McKoy, Plaintiff-Appellant, v. Mount Sinai Beth Israel, Defendant-Respondent. Appeal No. 14487 No. 2021-00359
Dervanna H.A. Troy-McKoy, appellant pro se. Rubin, Fiorella, Friedman & Mercante LLP, New York (Leila Cardo of counsel), for respondent.
Dervanna H.A. Troy-McKoy, appellant pro se.
Rubin, Fiorella, Friedman & Mercante LLP, New York (Leila Cardo of counsel), for respondent.
Before: Gische, J.P., Webber, Mazzarelli, Pitt, JJ.
Order, Supreme Court, New York County (Paul A. Goetz, J.), entered December 18, 2020, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.
Plaintiff's claims are all based on his allegation that a certain affidavit of service contains a forged version of his signature. A review of the affidavit reveals that it does not purport to contain plaintiff's signature at all but only those of the affiant and the notary public. Thus, the complaint was correctly dismissed as conclusively refuted by the documentary evidence, i.e., the affidavit of service.