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BROOM, STEVE v. RUBIN & YATES, LLC
Citations: 126 A.D.3d 1331; 3 N.Y.S.3d 671Docket: CA 14-01007
Court: Appellate Division of the Supreme Court of the State of New York; March 20, 2015; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, affirmed an order from Erie County that denied Steve Broom's motion for summary judgment in lieu of complaint against Rubin Yates, LLC. The court found that the judgment entered in Texas, which Broom sought to enforce, was not properly authenticated as it lacked the necessary certification required by CPLR 4540(c). Broom's appeal followed a prior ruling where the Supreme Court had granted him leave to renew and reargue his motion, but ultimately adhered to its initial decision denying his request. The appellate court did not address any additional arguments presented by the plaintiff, as the authentication issue was dispositive. The order was affirmed without costs.