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TROY-McKOY v. MOUNT SINAI BETH ISRAEL

Index No. 157291/20. Appeal No. 14487. Case No. 2021-00359.

198 A.D.3d 585 (2021)

152 N.Y.S.3d 910

2021 NY Slip Op 05838

Dervanna H.A. Troy-McKoy, Appellant, v. Mount Sinai Beth Israel, Respondent.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Dervanna H.A. Troy-McKoy, appellant pro se.

Rubin, Fiorella, Friedman & Mercante LLP, New York ( Leila Cardo of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Pitt, JJ.

Plaintiff's claims are all based on his allegation that a certain affidavit of service contains a forged version of his signature. A review of the affidavit reveals that it does not purport to contain plaintiff's signature at all but only those of the affiant and the notary public. Thus, the complaint was correctly dismissed as conclusively refuted by the documentary evidence, i.e., the affidavit...

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