John Harris P.C. v. Krauss

The court erred in granting defendant’s motion pursuant to CFLR 5015 (a) (1). Defendant did not submit competent evidence to establish either a reasonable excuse for the default or a meritorious defense. Defendant’s affidavit submitted in support of the motion was not properly notarized, and therefore none of the allegations therein should have been considered by the motion court. Though the affidavit purports to be notarized by one “William E. Morris, notary public,” Department of State records submitted by plaintiff indicate that no such person is licensed in New York as a notary public.

Defe…