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Luna v. Luna

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1999
263 A.D.2d 470 (N.Y. App. Div. 1999)

Opinion

Submitted May 26, 1999

July 12, 1999

In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Milano, J.), dated July 28, 1998, as denied his motion for leave to enter a judgment upon the defendant's default in appearing and answering.

Bergman Bergman, P.C., Forest Hills, N.Y. (Allen Goldberg and Michael E. Bergman of counsel), for appellant.

Conway, Farrell, Curtin Kelly, P.C., New York, N Y (Jonathan T. Uejio of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff's verified complaint was conclusory in nature and failed to contain any factual allegations constituting the claim. As a result, the Supreme Court properly denied the plaintiff's motion for leave to enter a judgment upon the defendant's default in appearing and answering ( see, Matter of Dyno v. Rose, 260 A.D.2d 694 [3d Dept., Apr. 1, 1999]; St. Paul Fire Marine Ins. Co. v. A. L. Eastmond Sons, 244 A.D.2d 294).


Summaries of

Luna v. Luna

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1999
263 A.D.2d 470 (N.Y. App. Div. 1999)
Case details for

Luna v. Luna

Case Details

Full title:JOSE LUNA, appellant, v. GLADYS LUNA, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 12, 1999

Citations

263 A.D.2d 470 (N.Y. App. Div. 1999)
691 N.Y.S.2d 913

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