COMMISSIONG v. MARK GREENBERG REAL ESTATE CO. LLC

Index No. 100171/20. Appeal No. 15634. Case No. 2020-04888.

203 A.D.3d 657 (2022)

163 N.Y.S.3d 403

2022 NY Slip Op 02192

Carol Commissiong, Appellant, v. Mark Greenberg Real Estate Co. LLC et al., Respondents.

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

Decided March 31, 2022.


Attorney(s) appearing for the Case

Carol Commissiong, appellant pro se.

Boyd Richards Parker Colonnelli, New York ( Jacqueline L. Aiello of counsel), for Mark Greenberg Real Estate Co., LLC, Graham Canon, Island House Tenants Corp, Amrah Cardoso, Steven Greenbaum, Rachelle Neufville, Taj Jackson, Kim Clark, Mark Zeltser and Alicia Pais, respondents.

Axelrod, Fingerhut & Dennis, New York ( Osman Dennis of counsel), for IH Preservation Partners LLC and David B. Hirschhorn, respondents.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.


The motion court providently denied plaintiff's motion for a default judgment based on her failure to submit proof of service and proof of the merits of her claim in her moving papers (CPLR 3215[f]). Although plaintiff argues that her verified complaint and affidavits of service were previously filed with the court and should have been considered, her process server's affidavits of service contained several defects precluding a determination that service was proper.

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