PALO, JR. v. Latt
| Decision Date | 13 March 2000 |
| Citation | 270 A.D.2d 323,704 N.Y.S.2d 143 |
| Parties | STEFAN PALO, JR., et al., Respondents,<BR>v.<BR>KHIN N. LATT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the order dated July 21, 1998, is reinstated.
The court erred in granting the plaintiffs' motion to vacate the order dismissing the complaint for want of prosecution entered upon the plaintiffs' default. In support of the motion to vacate their default, the plaintiffs submitted an affirmation from an expert physician who was not authorized by law to practice in this State, and thus, the affirmation did not constitute competent evidence (see, CPLR 2106). Accordingly, the plaintiffs failed to establish that they have a meritorious cause of action, which is a requirement for vacatur (see, Fiore v Galang, 64 NY2d 999; Perez v Astoria Gen. Hosp., 260 AD2d 457; Tolliver v County of Nassau, 231 AD2d 708; McKay v H.I.P. of Greater N. Y., 163 AD2d 280).
To continue reading
Request your trial
-
Tomeo v. Beccia
...2106 ; Kelly v. Fenton, 116 A.D.3d 923, 984 N.Y.S.2d 131 ; Lieber v. City of New York, 94 A.D.3d 715, 941 N.Y.S.2d 249 ; Palo v. Latt, 270 A.D.2d 323, 704 N.Y.S.2d 143 ). Furthermore, even if Quintiliani's affirmation could be considered, he failed to identify any specific departures allege......
-
Abassi v. Johnson
... ... 2015T: Lieber v. City of New ... York, 94 A.D.3d 715, 941 N.Y.S.2d 249, 250, 941 N.Y.S.2d ... 249 (2d Dept. 2012); Palo v. Latt, 270 A.D.2d 323, ... 704 N.Y.S.2d (2d Dept. 2000) ... In the ... instant matter, while the Court would have found ... ...
-
Wilcox v. Winter
...however, because the unredacted version was not submitted for the court's in camera review, it could not verify same (cf., Palo v Latt, 270 A.D.2d 323, lv dismissed 95 N.Y.2d 849 [affirmation of an expert unauthorized to practice medicine in this State does not constitute competent evidence......
-
Lieber v. City of New York
...competent evidence ( see CPLR 2106; Worthy v. Good Samaritan Hosp. Med. Ctr., 50 A.D.3d 1023, 1024, 857 N.Y.S.2d 178; Palo v. Latt, 270 A.D.2d 323, 704 N.Y.S.2d 143). Moreover, the remaining evidence submitted by the plaintiff in opposition to the defendants' motion was insufficient to rais......