Legal Opinion

Martinez v. Reiner

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

Decided March 12, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (John A. Barone, J.), entered September 26, 2011, which denied the motion of defendant Hunts Point Live Poultry and Slaughterhouse, Inc. to *478vacate its default and for leave to serve its proposed verified answer, unanimously reversed, on the law, without costs, and the motion granted.

The complaint, which was verified by counsel, was “purely hearsay, devoid of evidentiary value, and thus insufficient to support entry of a judgment pursuant to CPLR 3215” (Beltre v Babu, 32 AD3d 722, 723 [1st Dept 2006], citing Feffer v Malpeso, 210 AD2d 60, 61 [1st Dept 1994];…

2Cases cited6 opinions

  1. Joosten v. GaleAppellate Division of the Supreme Court of the State of New York · 1987
  2. Feffer v. MalpesoAppellate Division of the Supreme Court of the State of New York · 1994
  3. Beltre v. BabuAppellate Division of the Supreme Court of the State of New York · 2006
  4. Giordano v. BerishaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Natradeze v. RubinAppellate Division of the Supreme Court of the State of New York · 2006

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