WOLF v. 3540 ROCHAMBEAU ASSOCS.


234 A.D.2d 6 (1996)

650 N.Y.S.2d 161

Jennifer Wolf et al., Respondents, v. 3540 Rochambeau Associates et al., Appellants

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

December 3, 1996


The IAS Court erred when it entered judgment by default against defendants as plaintiffs, in support of their motion, failed to provide a complaint verified by the party plaintiffs, rather than plaintiffs' attorney, or an affidavit in support of the motion executed by a party with personal knowledge of the merits of plaintiffs' claims. Accordingly, the judgment is a nullity (CPLR 3215 [f]; Feffer v Malpeso,

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