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PENISTON v. EPSTEIN

10 A.D.3d 450 (2004)

780 N.Y.S.2d 916

LOUIS PENISTON et al., Appellants, v MITCHELL EPSTEIN, Respondent.

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

Decided August 23, 2004.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In support of their motion for leave to enter a default judgment against the defendant upon his failure to appear and answer, the plaintiffs failed to proffer either an affidavit of the facts or a complaint verified by a party with personal knowledge of the facts as required by CPLR 3215 (f) (see DeVivo v Sparago, 287 A.D.2d 535,...

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