Defendant's motion to vacate was properly denied for lack of an affidavit from his former attorney explaining the attorney's failure to appear for argument of plaintiffs' CPLR 3126 motion or submit opposition thereto, or an affidavit from a physician substantiating the attorney's claimed medical problems and showing how they affected his ability to function as an attorney during the period in question (see Solovay v Paone Corp.,
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HERBSTEIN v. HERBSTEIN
44 A.D.3d 311 (2007)
843 N.Y.S.2d 560
EDUARDO HERBSTEIN et al., Respondents, v. DIEGO HERBSTEIN, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 2, 2007.
Decided October 2, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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