Dai Mang Kim, appellant, v. Hwak Yung Kim, et al., defendants.
Submitted—May 14, 2014
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (K.Murphy, J.), entered April 16, 2013, which denied his unopposed motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216 and to restore the action to the active calendar.
ORDERED that the order is affirmed, without costs or disbursements.
To vacate the dismissal of the action pursuant to CPLR 3216, the plaintiff was required to demonstrate a justifiable excuse for his failure to comply with the certification order and the existence of a potentially meritorious cause of action (see CPLR 3216[e]; Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503; Bhatti v Empire Realty Assoc., Inc., 101 AD3d at 1067; Stallone v. Richard, 95 AD3d at 876). The Supreme Court providently exercised its discretion in declining to excuse the default based on the uncorroborated claim of law office failure proffered by the plaintiff's attorney (see CPLR 2005; Eastern Sav. Bank, FSB v. Charles, 103 AD3d 683, 684; Glukhman v Bay 49th St. Condominium, LLC, 100 AD3d 594, 595; Star Indus., Inc. v Innovative Beverages, Inc., 55 AD3d 903, 904). Furthermore, the plaintiff failed to submit any medical evidence demonstrating that he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident (see Louis v. MTA Long Is. Bus Co., 44 AD3d 628; Rezene v. Williams, 22 AD3d 656, 657; Sharpe v. Osorio, 21 AD3d at 468).
Accordingly, the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216 and to restore the action to the active calendar was properly denied.
MASTRO, J.P., HALL, LOTT, AUSTIN and DUFFY, JJ., concur.
Clerk of the Court