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BRICE v. WESTCHESTER CMTY. HEALTH PLAN

143 A.D.2d 170 (1988)

Vera Brice, Appellant, v. Westchester Community Health Plan, Respondent, et al., Defendant

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

August 15, 1988

Ordered that the order is affirmed, with costs.

A party opposing a motion pursuant to CPLR 3012 (b) to dismiss an action based upon law office failure is obligated to submit an affidavit from a person competent to attest to the meritorious nature of her claim and containing evidentiary facts sufficient to establish a prima facie case (Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904...

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