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PENISTON v. EPSTEIN
Appellate Division of the Supreme Court of New York, Second Department.
Aug 23, 2004
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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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