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FRANCISCO v. SOTO

286 A.D.2d 573 (2001)

729 N.Y.S.2d 889

AUGUSTO FRANCISCO, Respondent, v. OSCAR SOTO et al., Appellants.

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

Decided September 6, 2001.

The motion court erred when, without any elaboration, it entered judgment by default against defendants as plaintiff, in support of his motion, failed to submit a verified complaint, or an affidavit executed by a party with personal knowledge of the merits of plaintiff's claims. Accordingly, the judgment is a nullity (CPLR 3215 [f]; Wolf v 3540 Rochambeau Assocs., 234 A.D.2d 6; Feffer v Malpeso, 210 A.D.2d...

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