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GREEN v. FAIRWAY OPERATING CORP.

2408, 100457/06

72 A.D.3d 613 (2010)

898 N.Y.S.2d 848

ROSA GREEN, Appellant, v. FAIRWAY OPERATING CORP. et al., Respondents, et al., Defendants.

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

Decided April 29, 2010.

Plaintiff fails to show a meritorious cause of action (see Kalisch v Maple Trade Fin. Corp., 35 A.D.3d 291 [2006]). In order to establish a meritorious cause of action, the affidavit of her nonparty witness who accompanied her to the supermarket was essential. The affidavit of plaintiff's witness, purportedly sworn to in the Dominican Republic, lacks the certificate of conformity (Real Property Law § 301-a) required by...

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