Luna v. Luna
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Milano, J.), dated July 28, 1998, as denied his motion for leave to enter a judgment upon the defendant’s default in appearing and answering.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs verified complaint was conclusory in nature and failed to contain any factual allegations constituting the claim. As a result, the Supreme Court properly denied the plaintiffs motion for leave to enter a judgment upon the…
2Cases cited2 opinions
- Dyno v. RoseAppellate Division of the Supreme Court of the State of New York · 1999
- St. Paul Fire & Marine Insurance v. A.L. Eastmond & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by2 opinions
- Beaton v. Transit Facility Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Marino v. TerminiAppellate Division of the Supreme Court of the State of New York · 2004