Failure to Submit An Affidavit of Merit In New York
In Smith v. State (71 AD3d 866, 896 N.Y.S.2d 454, 2010 NY Slip Op 02125, 2010 N.Y. App. [2d Dept 2010]), the Court affirmed the denial of a motion for leave to renew or reargue the dismissal of a claim, because plaintiff failed to submit an affidavit of merit.
The Smtih Court "found that although the failure to appear at the conference was excusable, the claimant had not demonstrated that she had a meritorious claim."
Similarly, in QRT Associates, Inc. v. Mouzouris (40 AD3d 326, 836 N.Y.S.2d 62 [1d Dept 2007]), the Court held "[e]ven assuming that plaintiffs had a reasonable excuse for their default, they did not present an affidavit of merit or otherwise demonstrate any merit to their claims."
Further, in Kalisch v. Maple Trade Finance Corp. (35 AD3d 291, 827 N.Y.S.2d 40 [1d Dept 2006]), the Court instructed that:
"Assuming, arguendo, that plaintiff demonstrated a reasonable excuse for her failure to appear at a scheduled conference, she wholly failed to establish a meritorious cause of action.