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JAMES v. CARABALLO

283 A.D.2d 460 (2001)

724 N.Y.S.2d 634

CALVIN L. JAMES, Appellant, v. DAVID CARABALLO, Defendant, and CARTER BROS. AUTOMOTIVE REPAIRS, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff failed to submit the requisite proof of the facts constituting the claim as is required pursuant to CPLR 3215 (e) (see, Levi v Oberlander, 144 A.D.2d 546). Under these circumstances, it is not necessary to consider the issues of excusable default and the presence or absence of a meritorious defense (see, Gerhardt v Salacqua Contr. Co., 181...

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