Court Declines to Consider Physician's Untimely Affidavit

NEW YORK - A New York appellate panel has declined to order a trial court to reconsider dismissal of a tenant's mold action based on a newly obtained supporting affidavit, saying the late submission did not meet the plaintiffs' duty of demonstrating due diligence. Jones v. 170 E. 92nd St. Owners Corp., No. 2010 NY Slip Op 00376 [Index No. 103156/2007 (N.Y. Sup. Ct., App. Div., 1st Dept.).

The Appellate Division, First Department, on Jan. 19 unanimously affirmed the New York County Supreme Court's refusal to reconsider the motion by building owner defendants for summary judgment and dismissal.

Plaintiff-appellant Jean …