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KEL MGMT. CORP. v. ROGERS & WELLS

64 N.Y.2d 904 (1985)

Kel Management Corp. et al., Respondents, v. Rogers & Wells, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1985.

Attorney(s) appearing for the Case

Bruce E. Braverman and Leo P. Larkin, Jr., for appellant.

Sylvester J. Garamella and Vincent P. Rao for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the motion to dismiss the complaint granted unconditionally.

This court has previously held that a party opposing a CPLR 3012 (b) motion to dismiss based upon law office failure is obligated to submit an affidavit of merit containing evidentiary facts sufficient to establish a prima facie case. (Canter v Mulnick,

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