Cook v. Freight Force, Inc.

OPINION OF THE COURT

John S. Lockman, J.

Unopposed motion by plaintiff for a default judgment against defendant Joseph Panzarelli (hereinafter defendant) is denied.

Plaintiff rejected the unverified letter answer of the defendant, pro se, the day it was received and now seeks a default judgment based upon defendant’s default in answering. Plaintiff may treat an unverified pleading as a nullity, provided "he *460gives notice with due diligence to the attorney of the adverse party that he elects to do so” (CPLR 3022).

For the purposes of this motion, it is assumed, arguendo, that CPLR 3022 applies in a…