MATTER OF PETRE v. LUCIA

300043/20. Appeal No. 15856-15856A. Case Nos. 2021-02885, 2021-03825.

205 A.D.3d 438 (2022)

168 N.Y.S.3d 42

2022 NY Slip Op 02965

In the Matter of Gheorghe Petre, Appellant, v. Joseph Lucia et al., Respondents.

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

Decided May 3, 2022.


Attorney(s) appearing for the Case

Gheorghe Petre, appellant pro se.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.


Supreme Court properly denied plaintiff's motions for a default judgment, as plaintiff did not satisfy the requirements of CPLR 3215(f). Plaintiff failed to provide accurate proof of service of the summons and complaint. The affidavits of service submitted by plaintiff state service of the pleadings was completed on January 4, 2020, but the pleadings are dated in December 2020—11 months later. Although plaintiff averred...

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