Employers Liability Assurance Corp. v. Zolfo Merchandising, Inc.
Civil Court of the City of New York
1Opinion of the CourtMartin B. Stecher, J.
Each of these motions seeks the entry of judgment on default. The so-called supporting affidavit is identical in each case, and is a mimeographed form with the only typewritten matter being the names of the parties, dates and amounts. One of the affidavits, exclusive of the description of the affiant and the “ Wherefore ” clause, is quoted in its entirety: ‘ ‘ That heretofore and on the 15th day of March 1968, suit was commenced against the defendant, Clyde Salvato, by service of a summons in the sum of $74.71. That through an error in the company’s office the entry of judgment herein was…
2Cited by4 opinions
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- Stocker v. City of New YorkCivil Court of the City of New York · 1972
- Reyes v. DunbarNew York Supreme Court · 1984
- Portfolio Recovery Associates, LLC v. PloskiNew York Supreme Court · 2012