Default judgments.

Practice point: On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing.

Student note: Improper service of the summons and complaint is a defense that may be waived, pursuant to CPLR 3211[e].

Case: Dupps v. Betancourt, NY Slip Op 06915 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Dismissing a complaint.