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SHLOMO SAKS, Plaintiff-Appellant, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., Defendants-Respondents, DR. JEREMY SIMON, Defendant.

The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v. Soto, 286 A.D.2d 573). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Woodson v. Mendon Leasing Corp., 289 A.D.2d 158).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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SAKS v. N.Y.C. HEALTH AND HOSP. CORP
(Feb 4, 2003)