Legal Opinion
Slovik v. Wang
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1985Published
1Opinion of the Court
In support of their application for a default judgment, the defendants and third-party plaintiffs submitted an attorney’s affirmation. Because the complaint was not verified, this submission was defective as CPLR 3215 (e) requires “proof by affidavit made by the [moving] party of the facts constituting the claim, the default and the amount due”. Therefore, a default judgment could not be entered (Colonial Country Club v Village of Ellenville, 89 AD2d 935; Georgia Pac. Corp. v Bailey, 77 AD2d 682; Union Natl. Bank v Davis, 67 AD2d 1034). In addition, we have previously held that entry of a…
2Cases cited5 opinions
- Multari v. Glalin Arms Corp.Appellate Division of the Supreme Court of the State of New York · 1967
- Colonial Country Club, Inc. v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 1982
- 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
- Multari v. Glalin Arms Corp.New York Court of Appeals · 1968