Opinion
May 15, 1995
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the judgment is vacated, and the defendant's answer, dated August 4, 1992, is deemed timely served.
Contrary to the defendant's contention, the Supreme Court correctly concluded that the defendant was properly served with process in this case (see, Colon v Beekman Downtown Hosp., 111 A.D.2d 841). However, in the absence of either a verified complaint or an affidavit by the plaintiff setting forth "the facts constituting the claim, the default and the amount due", as required by CPLR 3215 (e), the entry of a default judgment was erroneous (see, Gerhardt v Salacqua Contr. Co., 181 A.D.2d 719; Freccia v Carullo, 93 A.D.2d 281). Upon learning of the default judgment, the defendant acted with reasonable dispatch in seeking to vacate it (cf., Freccia v Carullo, supra). Thus, the defendant's motion to vacate the default judgment should have been granted. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.