Legal Opinion
Saks v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 2003PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 4, 2001, which denied plaintiff’s motion for a default judgment, unanimously affirmed, without costs.
The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v Soto, 286 AD2d 573 [2001]). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Wood-*214son v…
2Cases cited2 opinions
- Francisco v. SotoAppellate Division of the Supreme Court of the State of New York · 2001
- Woodson v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Triangle Properties 2, LLC v. NarangAppellate Division of the Supreme Court of the State of New York · 2010
- Beltre v. BabuAppellate Division of the Supreme Court of the State of New York · 2006
- DLJ Mortgage Capital, Inc. v. United General Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Archer v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.