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MANHATTAN CORP. v. H & A INC.

No. 118.

21 N.Y.3d 200 (2013)

991 N.E.2d 198

969 N.Y.S.2d 424

2013 NY Slip Op 3867

MANHATTAN TELECOMMUNICATIONS CORPORATION, Appellant, v. H & A LOCKSMITH, INC., et al., Defendants, and ARIQ VANUNU, Respondent.

Court of Appeals of New York.

Decided May 30, 2013.

Attorney(s) appearing for the Case

Jonathan D. Bachrach , New York City, for appellant.

Ofeck & Heinze, LLP, New York City ( Mark F. Heinze of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

CPLR 3215 (f) requires an applicant for a default judgment to file "proof of the facts constituting the claim." In Woodson v Mendon Leasing Corp. (100 N.Y.2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a `nullity.'" We now hold...

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