The Appellate Division unanimously reversed, on the law, with costs, the Order which denied plaintiff's motion, and directed the Clerk to enter judgment accordingly. A plaintiff moving for a default judgment based on a defendant's failure to appear must submit proof of service of the summons and complaint and proof of the facts constituting the claim, pursuant to CPLR 3215[f]. Here, plaintiff established that the defaulting defendants have failed to answer the complaint, or to otherwise appear. While declaratory judgment will rarely, if ever, be granted solely on default, the Appellate Division determined that plaintiff sufficiently established the facts of its claim.
PV Holding Corp. v. AB Quality Health Supply Corp., NY Slip Op 07725 (1st Dep't December 22, 2020)
