Barclay v Etim

Barclay v Etim 2015 NY Slip Op 05411 Decided on June 23, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 23, 2015
Tom, J.P., Renwick, Moskowitz, Manzanet-Daniels, Feinman, JJ.
15506N 402340/10

[*1] H. Patrick Barclay, Plaintiff-Appellant, —

v

Odell H. Etim, et al., Defendants-Respondents.

H. Patrick Barclay, appellant pro se.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 3, 2013, which denied plaintiff's motion to vacate the dismissal of the action for failure to appear at a scheduled conference, unanimously affirmed, without costs.

Supreme Court properly exercised its discretion in denying plaintiff's motion to vacate his default in this action alleging fraud and seeking to recover ownership of a parcel of real property. Plaintiff failed to submit with his moving papers an affidavit from someone with personal knowledge that addresses the merit of his claims (see Biton v Turco, 88 AD3d 519 [1st Dept 2011]; Bollino v Hitzig, 34 AD3d 711 [2d Dept 2006]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 23, 2015

CLERK