Legal Opinion

Colonial Country Club, Inc. v. Village of Ellenville

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

Decided June 3, 1982PublishedCited by 4 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered September 16,1981 in Ulster County, which denied plaintiff’s motion for a default judgment and an assessment of damages against defendant Village of Ellenville and permitted the latter to serve an answer. Since plaintiff failed to comply with the requirements of CPLR 3215 (subd [e]), we affirm. Entry of a default judgment is allowable only when the *1028applicant files proof of service of the summons and complaint accompanied by an “affidavit made by the party of the facts constituting the claim, the default and the…

2Cases cited2 opinions

  1. Union National Bank v. DavisAppellate Division of the Supreme Court of the State of New York · 1979
  2. Natemeier v. HeimAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by4 opinions

  1. Hann v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
  2. Martin v. ZangrilloAppellate Division of the Supreme Court of the State of New York · 1992
  3. Nolan v. KeiserAppellate Division of the Supreme Court of the State of New York · 1983
  4. Provost Bros. v. Diamond, New York County Courts1987

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API