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ASSUNTA FIORINO, APPELLANT, v. YUNG POON YUNG, ET AL., DEFENDANTS, CITY OF NEW YORK, RESPONDENT.

DECISION ORDER

ORDERED that the order is modified, by deleting the provision thereof granting the respondent's cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

In support of her motion for leave to enter a default judgment against the defendant City of New York, the plaintiff failed to proffer either an adequate affidavit of the facts or a complaint verified by a party with personal knowledge of the facts, as required by CPLR 3215 (f) (see, Finnegan v. Sheahan, 269 A.D.2d 491; Grainger v. Wright, 274 A.D.2d 549; Henriquez v. Purins, 245 A.D.2d 337). Thus, the Supreme Court properly denied the motion.

However, under the circumstances of this case, the Supreme Court improvidently exercised its discretion in granting the defendant's cross motion to extend its time to answer the complaint.

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FIORINO v. YUNG
(Mar 19, 2001)