Saks v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Saks v. New York City Health & Hospitals Corp.

302 A.D.2d 213, 753 N.Y.S.2d 377, 2003 N.Y. App. Div. LEXIS 827

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 2003

StatusPublished

Cited by7 cases

This text of 302 A.D.2d 213 (Saks v. New York City Health & Hospitals Corp.) 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.

Bluebook

Saks v. New York City Health & Hospitals Corp., 302 A.D.2d 213, 753 N.Y.S.2d 377, 2003 N.Y. App. Div. LEXIS 827 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 4, 2001, which denied plaintiff’s motion for a default judgment, unanimously affirmed, without costs.

The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v Soto, 286 AD2d 573 [2001]). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Wood-[214]*214son v Mendon Leasing Corp., 289 AD2d 158 [2001]). Concur— Nardelli, J.P., Andrias, Buckley and Rosenberger, JJ.

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Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 4, 2001, which denied plaintiff’s motion for a default judgment, unanimously affirmed, without costs.

The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v Soto, 286 AD2d 573 [2001]). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Wood-[214]*214son v Mendon Leasing Corp., 289 AD2d 158 [2001]). Concur— Nardelli, J.P., Andrias, Buckley and Rosenberger, JJ.

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Bluebook (online)

302 A.D.2d 213, 753 N.Y.S.2d 377, 2003 N.Y. App. Div. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saks-v-new-york-city-health-hospitals-corp-nyappdiv-2003.

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