Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Samuel NAVARRO, Plaintiff–Appellant, v. PLUS ENDOPOTHETIK, et al., Defendants–Respondents, Michael Duncan, et al., Defendants.
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 AD3d 289 [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 [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 [1992] ).
We have considered plaintiff's remaining arguments and find them unavailing.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 18, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)