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Saks v. New York City Health & Hospitals Corp.

302 A.D.2d 213 Court N.Y. App. Div. Decision date 2003-02-04 English

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p. 213
Shlomo Saks, Appellant, v New York City Health and Hospitals Corporation et al., Respondents, et al., Defendant.
[753 NYS2d 377]

Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 4, 2001, which denied plaintiff’s motion for a default judgment, unanimously affirmed, without costs.

The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v Soto, 286 AD2d 573 [2001]). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Wood-

p. 214
son v Mendon Leasing Corp., 289 AD2d 158 [2001]). Concur— Nardelli, J.P., Andrias, Buckley and Rosenberger, JJ.