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).