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INGA NATRADEZE et al., Respondents, v. ELENA RUBIN, Appellant, et al., Defendants.

The default order entered was a nullity inasmuch as plaintiffs' default motion papers failed to include either a verified complaint or an affidavit prepared by one having personal knowledge of the facts at issue ( see DeLeon v Sonin Genis, 303 AD2d 291, 292). Although Rubin did not appear on plaintiff's motion seeking a default, and for the first time on appeal she challenges the adequacy of plaintiff's motion papers seeking a default, the issue can be reached as it is one that can be decided as a matter of law from the face of the record ( see Chateau D' If Corp. v City of New York, 219 AD2d 205, 209, lv denied 88 NY2d 811). Given our conclusion that the challenged order was a "nullity," Rubin's remaining arguments need not be reached.

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NATRADEZE v. RUBIN
(Oct 26, 2006)