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NATRADEZE v. RUBIN

33 A.D.3d 535 (2006)

822 N.Y.S.2d 541

INGA NATRADEZE et al., Respondents, v. ELENA RUBIN, Appellant, et al., Defendants.

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

Decided October 26, 2006.

The default order entered was a nullity inasmuch as plaintiffs' default motion papers failed to include either a verified complaint or an affidavit prepared by one having personal knowledge of the facts at issue (see DeLeon v Sonin & Genis, 303 A.D.2d 291, 292 [2003]). Although Rubin did not appear on plaintiff's motion seeking a default, and for the first time on appeal she challenges the adequacy of plaintiff's motion papers...

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