CHIARAMONTE v. COPPOLA

4171N, 6233/03.

81 A.D.3d 426 (2011)

915 N.Y.S.2d 560

TERESA CHIARAMONTE, Respondent, v. PAOLO T. COPPOLA, M.D., Appellant.

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

Decided February 1, 2011.


The motion to vacate the default judgment, which was entered based upon plaintiff's failure to appear at a scheduled status conference (see 22 NYCRR 202.27 [b]), was improperly granted since plaintiff failed to show a meritorious cause of action. The affidavit of plaintiff's purported expert, whose identity cannot be discerned from the affidavit, was insufficient since the expert failed to make factual allegations, describe the extent of his or her knowledge of the...

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