Natradeze v. Rubin

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 11, 2005, which denied defendant Rubin’s motion to vacate her default, unanimously reversed, on the law, without costs, and the motion granted.

The default order entered was a nullity inasmuch as plaintiffs’ default motion papers failed to include either a verified complaint or an affidavit prepared by one having personal knowledge of the facts at issue (see DeLeon v Sonin & Genis, 303 AD2d 291, 292 [2003]). Although Rubin did not appear on plaintiffs motion seeking a default, and for the first time on appeal she…