NATEMEIER v. HEIM


81 A.D.2d 1008 (1981)

David P. Natemeier, as Guardian ad Litem for Sundina Sharrow, an Infant, Appellant, v. Debra Heim, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 15, 1981


Order unanimously affirmed with costs.

Memorandum:

In affirming we point out that plaintiff's motion for a judgment by default based on the failure of the defendant Debra Heim to interpose a timely answer did not comply with CPLR 3215. Plaintiff's complaint is unverified and no proof by affidavit was made "of the facts constituting the claim, the default and the amount due" (CPLR 3215, subd [e]). Thus any consideration of the issues of excusable default and...

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