Opinion
February 5, 1996
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is affirmed, with costs.
The record indicates, and the plaintiff does not controvert, that the plaintiff's motion for leave to enter a default judgment was not based on either a verified complaint or an affidavit by a party as required by CPLR 3215 (f). Under these circumstances, entry of a default judgment would be erroneous and the judgment would be a nullity (see, Gerhardt v. Salacqua Contr. Co., 181 A.D.2d 719; Joosten v. Gale, 129 A.D.2d 531, 535; Income Prop. Consultants v. Lumat Realty Corp., 88 A.D.2d 582). Accordingly, we need not consider whether the defendants established that they had a reasonable excuse for their default and a meritorious defense (see, Income Prop. Consultants v. Lumat Realty Corp., supra). O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.