INCOME PROP. CONSULTANTS INC. v. LUMAT REALTY CORP.


88 A.D.2d 582 (1982)

Income Property Consultants Inc., Respondent, v. Lumat Realty Corp. et al., Appellants

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

May 3, 1982


Order reversed, on the law, with $50 costs and disbursements, and motion granted.

In the absence of either a verified complaint or an affidavit by the party setting forth "the facts constituting the claim, the default and the amount due" as required by CPLR 3215 (subd [e]), the entry of a default judgment in the instant case was a nullity and must be vacated (see Natemeier v Heim, 81 A.D.2d 1008; Georgia Pacific...

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