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ZACHARY WOODSON, ETC., et al., plaintiffs-appellants, v. MENDON LEASING CORPORATION, et al., defendants. — AMERICAN TRANSIT INSURANCE COMPANY, non-party respondent.

A complaint not verified by a person with personal knowledge of the substantive facts is pure hearsay with no evidentiary value, and the entry of a judgment based on such a complaint must be deemed a nullity (see, Feffer v. Malpeso, 210 A.D.2d 60, 61). The court presented with the default judgment at issue here was entitled to have "some firsthand confirmation of the facts" (id.), and since it is now evident that plaintiff Mother's allegations lacked such a basis, they had no evidentiary value (see, St. Paul Fire Marine Ins. Co. v. A.L. Eastmond Sons, 244 A.D.2d 294). Accordingly, non-party movant insurer was entitled to vacatur without reference to excuse or a showing of merit (see, Wolf v. 3540 Rochambeau Assocs., 234 A.D.2d 6, 7). In the long-form order on appeal, all of the directives by the motion court are consistent with the prior decision and order upon which it is premised (see,Barretta v. Webb Corp., 181 A.D.2d 1018, appeal dismissed 80 N.Y.2d 892). We have considered plaintiffs' remaining arguments and find them unavailing.

Motion seeking leave to strike portions of reply brief and for other related relief denied.

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

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WOODSON v. MENDON LEASING CORP
(Dec 20, 2001)