CPLR § 3215 Default judgment
Lamb v Moody, 2009 NY Slip Op 04031 (App. DIv., 2nd, 2009)
In support of their motion for leave to enter a default
judgment against the respondent upon his failure to appear or to answer
the complaint, the plaintiffs failed to proffer either an affidavit of
the facts or a complaint verified by a party with personal knowledge of
the facts as required by CPLR 3215(f) (see Peniston v Epstein, 10 AD3d 450; DeVivo v Sparago, 287 AD2d 535, 536; Fiorino v Yung Poon Yung, 281 AD2d 513). Accordingly, the Supreme Court properly denied the motion.
The bold is mine.
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