Opinion
November 21, 1988
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the orders are reversed, on the law, with costs, the plaintiff's motions are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
On a motion for leave to enter a default judgment pursuant to CPLR 3215, the applicant is required to file proof of service of the summons and complaint and proof by affidavit made by the party of the facts constituting the claim (see, CPLR 3215).
A review of the record indicates that plaintiff failed to show that the defendants were properly before the court by virtue of the plaintiff's effecting valid service of a summons and complaint upon them (cf., Freccia v. Carullo, 93 A.D.2d 281; Cashman v. Rea, 126 A.D.2d 511). Absent such proof, no default judgment may be entered (see, Nemetsky v. Banque Developpment, 59 A.D.2d 527, affd 48 N.Y.2d 962).
In addition, the plaintiff failed to submit the requisite proof of the facts constituting the claim by affidavit or complaint verified by a person with knowledge of those facts (see, Joosten v. Gale, 129 A.D.2d 531; Colonial Country Club v. Village of Ellenville, 89 A.D.2d 935). Mollen, P.J., Mangano, Kunzeman and Weinstein, JJ., concur.