LAMB v. MOODY


62 A.D.3d 839 (2009)

878 N.Y.S.2d 635

BARBARA LAMB et al., Appellants, v. WILLIAM A. MOODY, JR., Defendant, and WILLIAM DENNIS MOODY, Respondent.

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

Decided May 19, 2009.


Ordered that the order is affirmed, with costs.

In support of their motion for leave to enter a default judgment against the respondent upon his failure to appear or to answer the complaint, 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 Peniston v Epstein, 10 A.D.3d 450 [2004]; DeVivo v Sparago...

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