Where the complaint is not verified, upon any application for a default judgment, proof of the facts constituting the claim, the default, and the amount due must be set forth in an affidavit made by the party, pursuant to CPLR 3215(f). Here, the plaintiff submitted an affidavit of merit executed by a vice president of its purported loan servicer. However, there is no evidence in the record demonstrating that this individual had the authority to act on behalf of the plaintiff. Plaintiff's motion for leave to enter a default judgment is denied.
Aurora Loan Servs., LLC v. Jemal, NY Slip Op 02970 (2d Dep't May 4, 2022)
