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SLOVIK v. WANG

110 A.D.2d 630 (1985)

Steven Slovik, Plaintiff, v. William Wang et al., Defendants and Third-Party Plaintiffs-Appellants. City of Yonkers, Third-Party Defendant-Respondent

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

April 1, 1985

Order affirmed, without costs or disbursements.

In support of their application for a default judgment, the defendants and third-party plaintiffs submitted an attorney's affirmation. Because the complaint was not verified, this submission was defective as CPLR 3215 (e) requires "proof by affidavit made by the [moving] party of the facts constituting the claim, the default and the amount due". Therefore, a default judgment could not be entered (Colonial Country...

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