Altof v. Spartan Inns of America

CARNEY, P.J..,

Defendants’ petition to strike and/or open a confessed judgment requires the court to decide whether plaintiffs failure to verify the complaint in judgment can properly support a motion to strike. The court finds that this defect is a fundamental one and defendants’ petition to strike shall be granted.

The salient facts are that plaintiff submitted a bid to supply and install bathrooms and fixtures in a motel called the Spartan Inn for defendant. The work was completed at the latest on January 5, 1975. On January 3, 1975 two notes payable on demand were signed by the individual…