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FINNEGAN v. SHEAHAN

Appellate Division of the Supreme Court of New York, Second Department.
Feb 24, 2000
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DECISION ORDER

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

The plaintiff's motion for leave to enter a judgment upon the respondent's default in answering was not based on an affidavit by a party with knowledge of the underlying facts as required by CPLR 3215(f). Rather, the motion was based on a complaint verified only by the plaintiff's attorney. The Supreme Court therefore properly denied the motion (see, Hazim v. Winter, 234 A.D.2d 422 ;Mullins v. DiLorenzo, 199 A.D.2d 218 ).

In light of our determination, we need not reach the plaintiff's remaining contentions.