Income Property Consultants Inc. v. Lumat Realty Corp.
Cases that cite this one
6 later published cases cite this decision.
- Zelnik v. Bidermann Industries U.S.A., Inc. (Appellate Division of the Supreme Court of New York 1997)
- Goodyear v. Weinstein (Appellate Division of the Supreme Court of New York 1996)
- Gerhardt v. J & R Salacqua Contracting Co. (Appellate Division of the Supreme Court of New York 1992)
- Francisco v. Soto (Appellate Division of the Supreme Court of New York 2001)
- Mullins v. DiLorenzo (Appellate Division of the Supreme Court of New York 1993)
- Battaglia v. Hofmeister (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In an action to recover a real estate broker’s commission, defendants appeal from an order of the Supreme Court, Suffolk County (Robbins, J.), dated April 23,1981, which denied their motion to vacate a default judgment which had been entered against them in the principal amount of $20,000. Order reversed, on the law, with $50 costs and disbursements, and motion granted. In the absence of either a verified complaint or an affidavit by the party setting forth “the facts constituting the claim, the default and the amount due” as required by CPLR 3215 (subd [e]), the entry of a default judgment in the instant case was a nullity and must be vacated (see Natemeier v Heim, 81 AD2d 1008; Georgia Pacific Corp. v Bailey, 77 AD2d 682; Union Nat. Bank v Davis, 67 AD2d 1034), Accordingly, any consideration of the further issues of excusable default and the presence or absence of a meritorious defense has been rendered unnecessary. Damiani, J. P., Titone, Gulotta and Bracken, JJ., concur.-'
Case-law data current through December 31, 2025. Source: CourtListener bulk data.