Opinion
April 1, 1985
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Order affirmed, without costs or disbursements.
In support of their application for a default judgment, the defendants and third-party plaintiffs submitted an attorney's affirmation. Because the complaint was not verified, this submission was defective as CPLR 3215 (e) requires "proof by affidavit made by the [moving] party of the facts constituting the claim, the default and the amount due". Therefore, a default judgment could not be entered ( Colonial Country Club v. Village of Ellenville, 89 A.D.2d 935; Georgia Pac. Corp. v. Bailey, 77 A.D.2d 682; Union Natl. Bank v. Davis, 67 A.D.2d 1034). In addition, we have previously held that entry of a default judgment on a third-party complaint should generally await the determination of liability in the main action and until a cause of action for indemnity has accrued ( Multari v. Glalin Arms Corp., 28 A.D.2d 122, 124, appeal dismissed 23 N.Y.2d 740). Mollen, P.J., Titone, Lazer and Rubin, JJ., concur.