AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

LORENE GOODYEAR, Appellant, v. STEVEN WEINSTEIN et al., Respondents.

Ordered that the order is affirmed, with costs.

The record indicates, and the plaintiff does not controvert, that the plaintiff's motion for leave to enter a default judgment was not based on either a verified complaint or an affidavit by a party as required by CPLR 3215 (f). Under these circumstances, entry of a default judgment would be erroneous and the judgment would be a nullity (see, Gerhardt v. Salacqua Contr. Co., 181 A.D.2d 719; Joosten v. Gale, 129 A.D.2d 531, 535; Income Prop. Consultants v. Lumat Realty Corp., 88 A.D.2d 582). Accordingly, we need not consider whether the defendants established that they had a reasonable excuse for their default and a meritorious defense (see, Income Prop. Consultants v. Lumat Realty Corp., supra). O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

GOODYEAR v. WEINSTEIN
(Feb 5, 1996)