Practice point: Plaintiff established prima facie entitlement to a default judgment by submitting an affidavit of service, a copy of the verified complaint, and an attorney affirmation attesting to defendant’s default in answering.
Students should note that the motion was defeated by the submission of an affidavit stating that service was made on a non-employee, unauthorized to accept service on defendant's behalf, raising a fact issue as to his apparent authority to accept service.
The case is Miterko v. Peaslee, NY Slip Op 00492 (2d Dept. 2011
Tomorrow's issue is Torts.
