Luna v. Luna
This text of 263 A.D.2d 470 (Luna v. Luna) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Milano, J.), dated July 28, 1998, as denied his motion for leave to enter a judgment upon the defendant’s default in appearing and answering.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs verified complaint was conclusory in nature and failed to contain any factual allegations constituting the claim. As a result, the Supreme Court properly denied the plaintiffs motion for leave to enter a judgment upon the defendant’s default in appearing and answering (see, Matter of Dyno v Rose, 260 AD2d 694; St. Paul Fire & Mar. Ins. Co. v Eastmond & Sons, 244 AD2d 294). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
263 A.D.2d 470, 691 N.Y.S.2d 913, 1999 N.Y. App. Div. LEXIS 7885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luna-v-luna-nyappdiv-1999.