TERRANOVA v. GALLAGHER TRUCK CENTER, INC

Order affirmed insofar as appealed from, with costs.

Special Term properly denied the plaintiff's motion to vacate his default absent an adequate showing that his claim has legal merit. The plaintiff failed to submit an affidavit of merit containing evidentiary facts, attested to by a person with personal knowledge, and his complaint and bill of particulars, verified by his attorney, and containing conclusory assertions, was, in this case, inadequate to serve that purpose (see, Egan v Federated Dept. Stores, 108 A.D.2d 718). Niehoff, J.P., Rubin, Kunzeman and Spatt, JJ., concur.