St. Paul Fire & Marine Insurance v. A.L. Eastmond & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about September 27, 1996, which denied plaintiffs motion for a default judgment and deemed defendants’ answer timely served, unanimously affirmed, with costs.
The submission of plaintiff, as subrogee of its insured, in support of the application, was conclusory and based upon an attorney’s representation to plaintiff subrogee, and thus utterly devoid of evidentiary value. Accordingly, plaintiff failed to satisfy the requirement of CPLR 3215 (f) that a party seeking to enter a default judgment submit “some firsthand…
2Cases cited2 opinions
- Joosten v. GaleAppellate Division of the Supreme Court of the State of New York · 1987
- Feffer v. MalpesoAppellate Division of the Supreme Court of the State of New York · 1994
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