MATOS v. SCOPPETTA


6 A.D.3d 329 (2004)

775 N.Y.S.2d 144

MIGUEL J. MATOS, Appellant, v. ANTHONY SCOPPETTA, Respondent.

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

April 27, 2004.


Defendant's excuse for not submitting an affidavit of merit in opposition to plaintiff's motion for partial summary judgment is that he relocated to Florida some three weeks before the motion was made, and failed to advise his attorney thereof until at or about the time the motion was decided some three weeks after it was submitted. While defendant should have kept in closer contact with his attorney, we are satisfied that his failure...

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