Natradeze v. Rubin
Decision Date | 26 October 2006 |
Docket Number | 9079N. |
Citation | 822 N.Y.S.2d 541,33 A.D.3d 535,2006 NY Slip Op 07775 |
Parties | INGA NATRADEZE et al., Respondents, v. ELENA RUBIN, Appellant, et al., Defendants. |
Court | New York Supreme Court — Appellate Division |
The default order entered was a nullity inasmuch as plaintiffs' default motion papers failed to include either a verified complaint or an affidavit prepared by one having personal knowledge of the facts at issue (see DeLeon v Sonin & Genis, 303 AD2d 291, 292 [2003]). Although Rubin did not appear on plaintiff's motion seeking a default, and for the first time on appeal she challenges the adequacy of plaintiff's motion papers seeking a default, the issue can be reached as it is one that can be decided as a matter of law from the face of the record (see Chateau D' If Corp. v City of New York, 219 AD2d 205, 209 [1996], lv denied 88 NY2d 811 [1996]). Given our conclusion that the challenged order was a "nullity," Rubin's remaining arguments need not be reached.
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