Legal Opinion
Natemeier v. Heim
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1981PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: In affirming we point out that plaintiff’s motion for a judgment by default based on the failure of the defendant Debra Heim to interpose a timely answer did not comply with CPLR 3215. Plaintiff’s complaint is unverified and no proof by affidavit was made “of the facts constituting the claim, the default and the amount due” (CPLR 3215, subd [e]). Thus any consideration of the issues of excusable default and the presence of a meritorious defense (see Barasch v Micucci, 49 NY2d 594; Bruno v Village of Port Chester, 77 AD2d 580) was rendered…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Bruno v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1980
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- Union National Bank v. DavisAppellate Division of the Supreme Court of the State of New York · 1979
- Woodstock Lake Ass'n v. Pleasure Crest Corp.Appellate Division of the Supreme Court of the State of New York · 1978
3Cited by5 opinions
- Woodward v. Eighmie Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Income Property Consultants Inc. v. Lumat Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Colonial Country Club, Inc. v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 1982
- Westcott v. Niagara-Orient Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Spickerman v. StateAppellate Division of the Supreme Court of the State of New York · 1982