GOLDFARB v. 65 EAST 11TH ST. CORP.


40 A.D.2d 657 (1972)

Jeanette Goldfarb, as Executrix of Meyer Goldfarb, Deceased, et al., Respondents v. 65 East 11th Street Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 19, 1972


A prior application was denied without prejudice to renewal upon "proper papers including a physician's affidavit and an affidavit of merit by a person having knowledge of the facts." The papers submitted on this renewed application fail to comply with the prior order and are, in any event, deficient. On applications of this type, an affidavit of merits is necessary. (See e.g., Ferrari v. Paramount Plumbing & Heating Co., 20 A.D.2d 878

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