STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA


 

CAROL CASE SIRACUSE, d/b/a

C.C.S. ARCHITECTS,


Plaintiff,


-vs- Index #H-10707


JOSEPH ROOSA AND NORMA ROOSA

and ROOSA CORPORATION,


Defendants.


 



BRAUTIGAM & BRAUTIGAM

(Daryl P. Brautigam, Esq.

of Counsel) for Plaintiff



GROSSE, CHELUS, HERDZIK,

& SPEYER, P.C. (Deborah

A. Chimes, Esq. of Counsel)

for Defendants



SUPPLEMENTAL DECISION AND ORDER


GERACE, J.


Joseph Roosa's affidavit is still insufficient. The least he should have done was to name the experts and others who provided him with information, and, recite what each of them told him.


There should be an affidavit of merit by the expert(s) and other people on whom defendant relies for the allegations and he makes in that affidavit. He does not need an affidavit from each one, but, he must provide at least one significant affidavit by a third party for each job. His hearsay statements of unnamed engineers and advisors cannot support his motion. Who advised him? Where are their affidavits? Aren't they going to testify if the case is reopened?


The Court will grant one more adjournment to June 26, 1995, for defendant to provide more substantial evidence of merit to his contentions.


The CPLR requires an excuse for the default and an affidavit of merits to vacate a default judgment. Defendants have provided the excuse; the Court is waiting for the merits.


Dated: June 5, 1995

Mayville, New York


 

JOSEPH GERACE

Justice of Supreme Court