Income Property Consultants Inc. v. Lumat Realty Corp.

Appellate Division of the Supreme Court of New York

Income Property Consultants Inc. v. Lumat Realty Corp.

88 A.D.2d 582, 449 N.Y.S.2d 799, 1982 N.Y. App. Div. LEXIS 16749

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1982·Published·Cited by 6 cases

Opinion

— In an action to recover a real estate broker’s commission, defendants appeal from an order of the Supreme Court, Suffolk County (Robbins, J.), dated April 23,1981, which denied their motion to vacate a default judgment which had been entered against them in the principal amount of $20,000. Order reversed, on the law, with $50 costs and disbursements, and motion granted. In the absence of either a verified complaint or an affidavit by the party setting forth “the facts constituting the claim, the default and the amount due” as required by CPLR 3215 (subd [e]), the entry of a default judgment in the instant case was a nullity and must be vacated (see Natemeier v Heim, 81 AD2d 1008; Georgia Pacific Corp. v Bailey, 77 AD2d 682; Union Nat. Bank v Davis, 67 AD2d 1034), Accordingly, any consideration of the further issues of excusable default and the presence or absence of a meritorious defense has been rendered unnecessary. Damiani, J. P., Titone, Gulotta and Bracken, JJ., concur.-'

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— In an action to recover a real estate broker’s commission, defendants appeal from an order of the Supreme Court, Suffolk County (Robbins, J.), dated April 23,1981, which denied their motion to vacate a default judgment which had been entered against them in the principal amount of $20,000. Order reversed, on the law, with $50 costs and disbursements, and motion granted. In the absence of either a verified complaint or an affidavit by the party setting forth “the facts constituting the claim, the default and the amount due” as required by CPLR 3215 (subd [e]), the entry of a default judgment in the instant case was a nullity and must be vacated (see Natemeier v Heim, 81 AD2d 1008; Georgia Pacific Corp. v Bailey, 77 AD2d 682; Union Nat. Bank v Davis, 67 AD2d 1034), Accordingly, any consideration of the further issues of excusable default and the presence or absence of a meritorious defense has been rendered unnecessary. Damiani, J. P., Titone, Gulotta and Bracken, JJ., concur.-'

Income Property Consultants Inc. v. Lumat Realty Corp., 88 A.D.2d 582, 449 N.Y.S.2d 799, 1982 N.Y. App. Div. LEXIS 16749 (N.Y. Ct. App. 1982).

Pincite

88 A.D.2d 582 (Income Property Consultants Inc. v. Lumat Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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