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Plaintiff given a second chance to correct the form of his papersAugust 19, 2010

Ferrara v De Ming Song, 2010 NY Slip Op 51472(U)(App. Term 2d Dept. 2010)

“[t]he affirmed reports of plaintiff’s medical provider in Florida, submitted in opposition to defendant’s motion, were not in admissible form, as the doctor was not licensed in the State of New York and, thus, was not authorized to execute an affirmation under CPLR 2106. The court noted, however, that had the reports been in admissible form, they would have been sufficient to demonstrate a serious injury.”

Contrary to defendant’s contention, the Civil Court did not improvidently exercise its discretion in granting the branch of plaintiff’s motion seeking leave to renew, thereby allowing plaintiff the opportunity to submit its papers in proper form (see CPLR 2221 [e]; Arkin v Resnick, 68 AD3d 692 [2009]; Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389 [2008]; Smith v Allstate Ins. Co., 38 AD3d 522 [2007]; Joseph v Joseph, 24 Misc 3d 141[A], 2009 NY Slip Op 51719[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; see also Shaw v Looking Glass [*2]Assoc., LP, 8 AD3d 100 [2004]; Acosta v Rubin, 2 AD3d 657 [2003]; Ramos v Dekhtyar, 301 AD2d 428 [2003]).

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