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METROPOLITAN LIFE INSURANCE COMPANY v. J.T. FALK & COMPANY

265 A.D.2d 203 (1999)

696 N.Y.S.2d 148

METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents, v. J.T. FALK & COMPANY et al., Appellants, et al., Defendant.

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

Decided October 14, 1999.

The motion court properly denied defendants-appellants' motions to open their default since their motions were not supported by any affidavit of merit alleging evidentiary facts supportive of their proposed defenses by an individual with personal knowledge of those facts (see, Fergus v Brooklyn Law School, 245 A.D.2d 62). We note, in any case, that had the merits of the motion been reached, plaintiffs' motions to strike defendants...

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