COLONIAL COUNTRY CLUB, INC. v. VILL. OF ELLENVILLE


88 A.D.2d 1027 (1982)

Colonial Country Club, Inc., Appellant, v. Village of Ellenville, Respondent, et al., Defendants

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

June 3, 1982


Since plaintiff failed to comply with the requirements of CPLR 3215 (subd [e]), we affirm. Entry of a default judgment is allowable only when the applicant files proof of service of the summons and complaint accompanied by an "affidavit made by the party of the facts constituting the claim, the default and the amount due" (CPLR 3215, subd [e]). With respect to the facts of the claim and amount due, a verified complaint, if one...

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