AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

ROCCO PARRATTA, ET AL., appellants, v. WILLIAM McALLISTER, ET AL., respondents.

ORDERED that the order is affirmed insofar as appealed from, with costs.

In support of their motion for leave to enter judgment against the defendants upon their respective defaults in answering the complaint, the plaintiffs failed to proffer either an affidavit of the facts or a complaint verified by a party with personal knowledge of the facts (see, CPLR 3215[f]; Fiorino v. Yung Poon Yung, A.D.2d [2d Dept., Mar. 19, 2001]). Therefore, the motion was properly denied. We have not considered the affidavit which was improperly submitted by the plaintiffs in their reply papers on the motion (see, McCullough v. Maurer, 268 A.D.2d 569; Hirsch v. Syrota, 253 A.D.2d 538; Russo v. Automotive Rentals, 247 A.D.2d 603). Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the defendants leave to serve late answers (see, Hermele v. Sumkin, A.D.2d [2d Dept., Apr. 9, 2001]).

SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

PARRATTA v. McALLISTER
(May 29, 2001)