| Barclay v Etim |
| 2015 NY Slip Op 05411 [129 AD3d 591] |
| June 23, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| H. Patrick Barclay, Appellant, v Odell H. Etim et al., 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]). Concur—Tom, J.P., Renwick, Moskowitz, Manzanet-Daniels and Feinman, JJ.