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ROY v. 81 E 98TH KH GYM, LLC

2015-05860, Index No. 500434/13.

142 A.D.3d 985 (2016)

37 N.Y.S.3d 337

CHANDAN ROY, Appellant, v. 81 E 98TH KH GYM, LLC, Doing Business as RETRO FITNESS OF BROWNSVILLE, et al., Defendants, and BERMUDA REALTY, LLC, et al., Respondents. (And Two Third-Party Actions.)

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

Decided September 14, 2016.

Ordered that the order is affirmed, with one bill of costs.

While we affirm the order appealed from, we do so on a ground not relied upon by the Supreme Court. On a motion for leave to enter a default judgment pursuant to CPLR 3215, a plaintiff is required to submit proof of service of the summons and complaint, proof of the facts constituting the cause of action, and proof of the defendant's default in answering or appearing (see CPLR 3215 [f]; Jacobsen...

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