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BELTRAN v. COMMERCIAL BLDG. MAINTENANCE CORP.

Index No. 654275/19, Appeal No. 16200, Case No. 2021-03409.

206 A.D.3d 549 (2022)

169 N.Y.S.3d 512

2022 NY Slip Op 04115

Joel Beltran et al., Appellants, v. Commercial Building Maintenance Corp., Defendant, and Carlton Campbell, Respondent.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

The Law Office of Justin A. Zeller, P.C., New York ( John M. Gurrieri of counsel), for appellants.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

The motion court correctly denied plaintiffs' renewed motion for a default judgment against defendant Carlton Campbell, as plaintiffs failed, as they had failed on the prior motion, to submit a verified complaint or an affidavit by a person with knowledge of the facts constituting the claim (see Beltre v Babu, 32 A.D.3d 722 [1st Dept 2006]; Utak v Commerce Bank Inc., 88 A.D.3d 522, 523 ...

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