St. Paul Fire Mar. Ins. v. A.L. Eastmond

Full title: ST. PAUL FIRE MARINE INSURANCE COMPANY, as Subrogee of NEW YORK CITY…

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

Date published: Nov 25, 1997

244 A.D.2d 294 (N.Y. App. Div. 1997)

664 N.Y.S.2d 448

Opinion

November 25, 1997

Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).

The submission of plaintiff, as subrogee of its insured, in support of the application, was conclusory and based upon an attorney's representation to plaintiff subrogee, and thus utterly devoid of evidentiary value. Accordingly, plaintiff failed to satisfy the requirement of CPLR 3215 (f) that a party seeking to enter a default judgment submit "some firsthand confirmation of the facts" ( Joosten v. Gale, 129 A.D.2d 531, 535; see also, Feffer v. Malpeso, 210 A.D.2d 60). In these circumstances, it was a proper exercise of discretion to deem the answer served so that the action would be disposed of on the merits.

Concur — Milonas, J.P., Rosenberger, Rubin, Williams and Colabella, JJ.