Woodstock Lake Ass'n v. Pleasure Crest Corp.

65 A.D.2d 867, 410 N.Y.S.2d 409, 1978 N.Y. App. Div. LEXIS 13769

Opinion

Appeal from an order of the Supreme Court at Special Term, entered February 17, 1978 in Albany County, which granted defendant’s motion to vacate a default judgment entered by the plaintiff. We refrain from considering the issues of excusable default and the presence of a meritorious defense, the grounds relied upon by Special Term in granting defendant’s motion. The clerk is authorized to enter judgment against a defendant only when the proof of service of a summons and notice is accompanied by proof by affidavit made by the party of the facts constituting the claim, the default and the amount due (CPLR 3215, subd [e]). No such affidavit was filed herein. Order affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Larkin and Herlihy, JJ., concur.