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LUNA v. LUNA
Appellate Division of the Supreme Court of New York, Second Department.
Jul 12, 1999
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DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff's verified complaint was conclusory in nature and failed to contain any factual allegations constituting the claim. As a result, the Supreme Court properly denied the plaintiff's motion for leave to enter a judgment upon the defendant's default in appearing and answering ( see, Matter of Dyno v. Rose, 260 A.D.2d 694 [3d Dept., Apr. 1, 1999]; St. Paul Fire Marine Ins. Co. v. A. L. Eastmond Sons, 244 A.D.2d 294).
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