Appellate Division of the Supreme Court of New York, 2003

Saks v. New York City Health & Hospitals Corp.

Saks v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of New York · Decided February 4, 2003
302 A.D.2d 213; 753 N.Y.S.2d 377; 2003 N.Y. App. Div. LEXIS 827
Saks v. New York City Health & Hospitals Corp.

Cases that cite this one

7 later published cases cite this decision.

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

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.