Appellate Terms of the Supreme Court of New York, 2017

Spano v. FlatRate Moving Network, LLC.

Spano v. FlatRate Moving Network, LLC.
Appellate Terms of the Supreme Court of New York · Decided November 27, 2017
Spano v. FlatRate Moving Network, LLC.

Opinion



Natalie Spano, Plaintiff-Respondent,

against

FlatRate Moving Network, LLC., Defendant-Appellant.


Defendant appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Carol R. Sharpe, J.), dated March 21, 2017, which denied its motion to vacate a default judgment.

Per Curiam.

Order (Carol R. Sharpe, J.), dated March 21, 2017, affirmed, without costs.

Civil Court did not abuse its discretion in denying defendant's motion to vacate the default judgment, since the affidavit submitted in support of the motion was not notarized, and therefore none of the allegations therein could be considered (see John Harris P.C. v Krauss, 87 AD3d 469 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur


Decision Date: November 27, 2017

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