GOODYEAR v. WEINSTEIN


224 A.D.2d 387 (1996)

638 N.Y.S.2d 108

Lorene Goodyear, Appellant, v. Steven Weinstein et al., Respondents

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

February 5, 1996


Ordered that the order is affirmed, with costs.

The record indicates, and the plaintiff does not controvert, that the plaintiff's motion for leave to enter a default judgment was not based on either a verified complaint or an affidavit by a party as required by CPLR 3215 (f). Under these circumstances, entry of a default judgment would be erroneous and the judgment would be a nullity (see, Gerhardt v Salacqua Contr. Co., 181 A.D.2d 719...

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