Income Property Consultants Inc. v. Lumat Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover a real estate broker’s commission, defendants appeal from an order of the Supreme Court, Suffolk County (Robbins, J.), dated April 23,1981, which denied their motion to vacate a default judgment which had been entered against them in the principal amount of $20,000. Order reversed, on the law, with $50 costs and disbursements, and motion granted. In the absence of either a verified complaint or an affidavit by the party setting forth “the facts constituting the claim, the default and the amount due” as required by CPLR 3215 (subd [e]), the entry of a default judgment…
2Cases cited3 opinions
- Georgia Pacific Corp. v. BaileyAppellate Division of the Supreme Court of the State of New York · 1980
- Union National Bank v. DavisAppellate Division of the Supreme Court of the State of New York · 1979
- Natemeier v. HeimAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by6 opinions
- Battaglia v. HofmeisterAppellate Division of the Supreme Court of the State of New York · 1984
- Mullins v. DiLorenzoAppellate Division of the Supreme Court of the State of New York · 1993
- Zelnik v. Bidermann Industries U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Gerhardt v. J & R Salacqua Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Goodyear v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1996
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