Practice point: Defendants failed to answer or appear, and plaintiff moved, in effect, for leave to enter a default judgement as against the individual defendant, pursuant CPLR 3215. The motion court denied the unopposed
motion on the ground that the plaintiff failed to supply an affidavit
of facts demonstrating liability. The Appellate Division reversed.
In support of his motion, plaintiff submitted proof of service of the summons
and complaint and proof of the default. In addition, the Appellate Division found that plaintiff
submitted sufficient confirmation of the facts by submitting, among other things, an affidavit of merit
setting forth the facts constituting his claims.
Student note: On a motion for leave to enter a default judgment, pursuant to CPLR
3215[f], 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. A defendant who has defaulted in appearing or answering will be deemed to have admitted all factual
allegations contained in the complaint and all reasonable inferences
that flow from them.
Case: Boudine v. Goldmaker, Inc., NY Slip Op 05629 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Unlawful termination because of disability.
