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Slovik v. Wang

110 A.D.2d 630, 487 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 48529
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 1, 1985
StatusPublished

This text of 110 A.D.2d 630 (Slovik v. Wang) 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
Slovik v. Wang, 110 A.D.2d 630, 487 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 48529 (N.Y. Ct. App. 1985).

Opinion

In support of their application for a default judgment, the defendants and third-party plaintiffs submitted an attorney’s affirmation. Because the complaint was not verified, this submission was defective as CPLR 3215 (e) requires “proof by affidavit made by the [moving] party of the facts constituting the claim, the default and the amount due”. Therefore, a default judgment could not be entered (Colonial Country Club v Village of Ellenville, 89 AD2d 935; Georgia Pac. Corp. v Bailey, 77 AD2d 682; Union Natl. Bank v Davis, 67 AD2d 1034). In addition, we have previously held that entry of a default judgment on a third-party complaint should generally await the determination of liability in the main action and until a cause of action for indemnity has accrued (Multari v Glalin Arms Corp., 28 AD2d [631]*631122, 124, appeal dismissed 23 NY2d 740). Mollen, P. J., Titone, Lazer and Rubin, JJ., concur.

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Related

Multari v. Glalin Arms Corp.
244 N.E.2d 85 (New York Court of Appeals, 1968)
Multari v. Glalin Arms Corp.
28 A.D.2d 122 (Appellate Division of the Supreme Court of New York, 1967)
Union National Bank v. Davis
67 A.D.2d 1034 (Appellate Division of the Supreme Court of New York, 1979)
Georgia Pacific Corp. v. Bailey
77 A.D.2d 682 (Appellate Division of the Supreme Court of New York, 1980)
Colonial Country Club, Inc. v. Village of Ellenville
89 A.D.2d 935 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
110 A.D.2d 630, 487 N.Y.S.2d 119, 1985 N.Y. App. Div. LEXIS 48529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slovik-v-wang-nyappdiv-1985.