Practice point: On a motion for leave to enter a default judgment pursuant to CPLR
3215, a plaintiff is required to file proof of: (1) service of a copy or
copies of the summons and the complaint, (2) the facts constituting the
claim, and (3) the defendant's default. To demonstrate the facts constituting the claim, the movant need only
submit sufficient proof to enable a court to determine that a viable
cause of action exists. CPLR 3215(f) expressly provides that a plaintiff may satisfy this requirement by submitting the verified complaint. To defeat a facially adequate CPLR 3215 motion, a defendant must
show either that there was no default, or that it has a reasonable
excuse for its delay and a potentially meritorious defense.
Student note: If,
as was the case here, the defendant is a domestic corporation and was
originally served with the summons and complaint by personal delivery to
the Secretary of State, pursuant to Business Corporation Law § 306[b]), a
plaintiff is also required to serve the defendant a second time, by
first-class mail at its last known address, pursuant to CPLR 3215[g][4][i].
Case: Fried v. Jacob Holding, Inc., NY Slip Op 05555 (2d Dept. 2013).
Here is the decision.
Monday 's issue: An accountant's negligent misrepresentations.
