Woodson v. Mendon Leasing Corporation

• Citation: 734 N.Y.S.2d 443,289 A.D.2d 158
• Court: New York Supreme Court Appellate Division
• Decision Date: 20 December 2001
• Parties: ZACHARY WOODSON, an Infant, by His Mother and Natural Guardian, TRACY WOODSON, et al., Appellants,<BR>v.<BR>MENDON LEASING CORPORATION et al., Defendants.<BR>AMERICAN TRANSIT INSURANCE COMPANY, Nonparty Respondent.

289 A.D.2d 158

734 N.Y.S.2d 443

ZACHARY WOODSON, an Infant, by His Mother and Natural Guardian, TRACY WOODSON, et al., Appellants,

v.MENDON LEASING CORPORATION et al., Defendants.

AMERICAN TRANSIT INSURANCE COMPANY, Nonparty Respondent.

Decided December 20, 2001.

Concur — Rosenberger, J. P., Tom, Andrias, Ellerin and Wallach, JJ.

A complaint not verified by a person with personal knowledge of the substantive facts is pure hearsay with no evidentiary value, and the entry of a judgment based on such a complaint must be deemed a nullity (see, Feffer v Malpeso, 210 AD2d 60, 61). The court presented with the default judgment at issue here was entitled to have "some firsthand confirmation of the facts" (id.), and since it is now evident that plaintiff mother's allegations lacked such a basis, they had no evidentiary value (see, St. Paul Fire & Mar. Ins. Co. v Eastmond & Sons, 244 AD2d 294). Accordingly, nonparty movant insurer was entitled to vacatur without reference to excuse or a showing of merit (see, Wolf v 3540 Rochambeau Assocs., 234 AD2d 6, 7). In the long-form order on appeal, all of the directives by the motion court are consistent with the prior decision and order upon which it is premised (see, Barretta v Webb Corp., 181 AD2d 1018, lv dismissed 80 NY2d 892). We have considered plaintiffs' remaining arguments and find them unavailing.