A plaintiff seeking leave to enter a default judgment under CPLR 3215 must file proof of: (1) service of the summons and the complaint; (2) the facts constituting the claim; and (3) the defendant's default. The defendant is deemed to have admitted all factual allegations contained in the complaint, and all reasonable inferences that flow from those allegations. However, the court does not have a mandatory or ministerial duty to grant a motion for leave to enter a default judgment, and must exercise its discretion in determining whether the movant has met its burden of stating a viable cause of action.
Alleyne v. Rutland Dev. Group, Inc. NY Slip Op 00976 (2d Dep't February 22, 2023)
