The Appellate Division affirmed the Supreme Court's denial of the plaintiff's motion for leave to enter a default judgment, because the plaintiff failed to submit proof of service of the summons and complaint. While the plaintiff's attorney submitted an affirmation stating that an affidavit of service of the summons and complaint had previously been e-filed, the affirmation failed to give the docket numbers on the e-filing system corresponding to the previously e-filed affidavit of service, as required by CPLR 2214(c). The plaintiff thus failed to establish its entitlement to a default judgment pursuant to CPLR 3215(f).
Eastern Funding LLC v. San Jose 63 Corp., NY Slip Op 03569 (2d Dep't May 8, 2019)
Here is the decision.
