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LOUIS PENISTON et al., Appellants, v. MITCHELL EPSTEIN, Respondent.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In support of their motion for leave to enter a default judgment against the defendant upon his failure to appear and answer, the plaintiffs failed to proffer either an affidavit of the facts or a complaint verified by a party with personal knowledge of the facts as required by CPLR 3215 (f) ( see DeVivo v. Sparago, 287 AD2d 535, 536; Fiorino v. Yung Poon Yung, 281 AD2d 513; Grainger v. Wright, 274 AD2d 549, 550). Thus, the Supreme Court properly denied the motion and compelled the plaintiff to accept service of the defendant's answer.

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PENISTON v. EPSTEIN
(Aug 23, 2004)