Plaintiffs were not entitled to a default judgment because the affidavits of service of the summons and complaint indicate that service was not effectuated at the proper address (CPLR 3215 [f]). In any event, the motion for a default judgment was also properly denied since it was unsupported by a complaint or affidavit sworn to by a person with personal knowledge of the facts in this personal injury action (see Saks v New York City Health & Hosps. Corp.,
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NEDELTCHEVA v. MTE TRANSPORTATION CORP.
5338N, 160991/15.
157 A.D.3d 423 (2018)
66 N.Y.S.3d 127
2018 NY Slip Op 00023
TATIANA NEDELTCHEVA et al., Appellants, v. MTE TRANSPORTATION CORP. et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 2, 2018.
Decided January 2, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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