Legal Opinion

M & C Bros. v. Torum

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2012PublishedCited by 2 opinions

1Opinion of the Court

Mercure, J.P.

*1330Defendants and Neroni argue that Supreme Court abused its discretion in denying defendants’ most recent request to vacate because, they maintain, plaintiffs submissions in support of its motion to strike defendants’ answer and for a default judgment were insufficient, rendering the judgment a nullity. “CPLR 3215 (f) requires that an applicant for a default judgment file ‘proof by affidavit made by the party of the facts constituting the claim!,]’ [or a] verified complaint . . . [that] has been properly served” (Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003]). Here,…

2Cases cited8 opinions

  1. Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
  2. Doherty v. Schuyler Hills, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Hann v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
  4. Gerdes v. CanalesAppellate Division of the Supreme Court of the State of New York · 2010
  5. Hesse Construction, LLC v. FisherAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by2 opinions

  1. In re NeroniAppellate Division of the Supreme Court of the State of New York · 2015
  2. In re NeroniAppellate Division of the Supreme Court of the State of New York · 2015

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