facts constituting claim in New York

2026To establish entitlement to a default judgment, plaintiff must file (1) proof it served defendant with the summons and complaint, and (2) "proof of the facts constituting the claim, the default, and the amount due . by affidavit made by the party" (see CPLR § 3215 [fl; see also Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 158596/2024 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs.

2026To establish entitlement to a default judgment, plaintiff must file (1) proof it served defendant with the summons and complaint, and (2) "proof of the facts constituting the claim, the default, and the amount due . by affidavit made by the party" (see CPLR § 3215 [f]; see also Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60 [1st Dep

2026"CPLR 3215 (f) states specifically, among other things, that upon any application for a judgment by default, proof of the facts constituting the claim are to be set forth in an affidavit 'made by the [*5]party'" ( HSBC Bank USA, N.A. v Betts , 67 AD3d 735, 736 [2d Dept 2009]).

2026"CPLR 3215 (f) states specifically, among other things, that upon any application for a judgment by default, proof of the facts constituting the claim are to be set forth in an affidavit 'made by the [*5]party'" ( HSBC Bank USA, N.A. v Betts , 67 AD3d 735, 736 [2d Dept 2009]).

2026To establish entitlement to a default judgment, plaintiff must file (1) proof it served defendant with the summons and complaint, and (2) "proof of the facts constituting the claim, the default, and the amount due . by affidavit made by the party" (see CPLR § 3215 [f]; see also Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60 [1st Dep

2026NO. 77 RECEIVED NYSCEF: 03/16/2026 Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60 [1st Dept 1994]).

2025DISCUSSION In order to establish its entitlement to a default judgment pursuant to CPLR 3215, plaintiff must submit proof of: (1) service of the summons and complaint; (2) the facts constituting the claim; and (3) defendants’ default in answering or appearing (see Gordon Law Firm, P.C. v Premier DNA Corp., 205 AD3d 416 , 416 [1st Dept 2022]).

2025Discussion A motion for a default judgment must be supported with ··proof of sen·ice of the summons and the complaint, ... proof of the facts constituting the claim, [and] the default" (CPLR 3215[f]; see Gordon Law Firm, P.C. v Premier DNA Corp., 205 AD3d 416 , 417 [1st Dept 2022]). ··[A] complaint verified by someone or an afiidavit executed by a party with personal knowledge of the merits of the claim" satisfies this statutory requirement (Beltre v Babu, 32 AD3d 722, 723 [ I st Dept 2006]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]).

2026On a motion pursuant to CPLR 3215 for leave to enter a default judgment, a plaintiff is required to submit proof of service of the summons and complaint, "proof of the facts constituting the claim," and proof of the defendant's default in answering or appearing (<i>id.</i> § 3215[f]; <i>see</i> <i>Pemberton v Montoya</i>, 216 AD3d 988, 989 ; <i>Roy v 81E98th KH Gym, LLC</i>, 142 AD3d 985, 985 ; <i>Fried v Jacob Holding, Inc.</i>, 110 AD3d 56, 59 ).

2026"To demonstrate the facts constituting the claim[,] the movant need only submit sufficient proof to enable a court to determine that a viable cause of action exists" ( Pemberton v Montoya , 216 AD3d at 989 [internal quotation marks omitted]; see Fried v Jacob Holding, Inc. , 110 AD3d 56, 59-60 ).

2026Where a plaintiff moves for leave to enter a default judgment, he or she must submit proof of service of the summons and complaint upon the defaulting defendants, proof of the defendant’s default, and proof of the facts constituting the claim or claims (see CPLR 3215[f]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480 , 481 [1st Dept 2023]; Gray v Doyle, 170 AD3d 969 , 971 [2d Dept 2019]; Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418 [1st Dept 2016]; Atlantic Cas.

2026NO. 42 RECEIVED NYSCEF: 03/17/2026 defendant’s default, and proof of the facts constituting the claim (see CPLR 3215[f]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480 , 481 [1st Dept 2023]; Gray v Doyle, 170 AD3d 969 , 971 [2d Dept 2019]; Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418 [1st Dept 2016]; Atlantic Cas.

2026On a motion pursuant to CPLR 3215 for leave to enter a default judgment, a plaintiff is required to submit proof of service of the summons and complaint, "proof of the facts constituting the claim," and proof of the defendant's default in answering or appearing ( id. § 3215[f]; see Pemberton v Montoya , 216 AD3d 988, 989 ).

2026"On a motion pursuant to CPLR 3215 for leave to enter a default judgment, a plaintiff is required to submit proof of service of the summons and complaint, 'proof of the facts constituting the claim,' and proof of the defendant's default in answering or appearing" ( Pemberton v Montoya , 216 AD3d 988, 989 , quoting CPLR 3215[f]; see Hersko v Hersko , 224 AD3d 810 , 812).

2016In support of that branch of its unopposed motion, the plaintiff submitted proof of service of the summons and complaint upon Frantellizzi, proof of the facts constituting its claim against that defendant, and evidence of his default in answering the complaint or appearing in the action (see Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Dupps v Betancourt, 99 AD3d at 855 ).

2015Here, the plaintiff, in support of her motion for leave to enter *601 a default judgment against the defendant 452 Wyckoff Corp. (hereinafter Wyckoff) demonstrated her entitlement to judgment on the issue of liability against Wyckoff by submitting proof of service of the summons and complaint upon Wyckoff, the facts constituting the claim against Wyckoff, and Wyckoff s default in answering or appearing in this action (see CPLR 3215 [f|; Loaiza v Guzman, 111 AD3d 608, 609 [2013]; Karalis v New Dimensions HR, Inc., 105 AD3d 707, 708 [2013]; Wassertheil v Elburg, LLC, 94 AD3d 753, 753 [2012]).

2024Here, the plaintiff established his entitlement to a judgment on the issue of liability against the defendant by submitting proof of service of the summons and the complaint, proof of the facts constituting the claim, and proof of the defendant's default ( see Jing Shan Chen v R & K 51 Realty, Inc. , 148 AD3d 689, 690 ; Wassertheil v Elburg, LLC , 94 AD3d 753, 753 ; see also CPLR 3215[f], [g][4][i]).

2016Furthermore, the plaintiffs established their entitlement to a default judgment by submitting proof of service of the summons and complaint, proof of the facts constituting their claim, and proof of the defendants’ defaults (see generally U.S. Bank N.A. v Alba, 130 AD3d 715, 716 [2015]; Wassertheil v Elburg, LLC, 94 AD3d 753, 753 [2012]).

2023"An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting [*2]defendant's failure to answer or appear" ( U.S. Bank, N.A. v Razon , 115 AD3d 739 , 740; see CPLR 3215[f]; Deutsche Bank Natl.

2020The plaintiff appeals from so much of the order as denied his motion for leave to enter a default judgment against Combs. " An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear'" ( Citimortgage, Inc. v Noel , 145 AD3d 957, 958 , quoting U.S. Bank, N.A. v Razon , 115 AD3d 739 , 740; see U.S. Bank N.A. v Wolnerman , 135 AD3d 850, 851 ; Fried v Jacob Holding, Inc. , 110 AD3d 56, 59 ).

2020"An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting [*2]defendant's failure to answer or appear" ( U.S. Bank, N.A. v Razon , 115 AD3d 739 , 740; see CPLR 3215[f]; Citimortgage, Inc. v Chow Ming Tung , 126 AD3d 841, 843 ).

2018"An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear" ( HSBC Bank USA, N.A. v Clayton, 146 AD3d 942 , 944 [internal quotation marks omitted]; see CPLR 3215[f]; Citimortgage, Inc. v Chow Ming Tung, 126 AD3d 841, 843 ; U.S. Bank, N.A. v Razon, 115 AD3d 739 , 740).

2026To establish entitlement to a default judgment, plaintiff must file (1) proof it served defendant with the summons and complaint, and (2) "proof of the facts constituting the claim, the default, and the amount due . by affidavit made by the party" (see CPLR § 3215 [f]; see also Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60 [1st Dep

2026NO. 77 RECEIVED NYSCEF: 03/16/2026 Woodson v Mendon Leasing Corp., 100 NY2d 62, 70 [2003] [providing that "an applicant for a default judgment [must] file 'proof by affidavit made by the party of the facts constituting the claim'"]; 231st Riverdale LLC v 7 Star Home Furniture Inc., 198 AD3d 524, 525 [1st Dept 2021]; Feffer v Malpeso, 210 AD2d 60 [1st Dept 1994]).

2026The plaintiff appeals.</p> <p>"'On a motion for leave to enter judgment against a defendant for the failure to answer or appear, a plaintiff must submit proof of service of the summons and complaint, proof of the facts constituting its claim, and proof of the defendant's default'" (<i>Gray v Doyle</i>, 170 AD3d 969 , 970, quoting <i>Triangle Props. #2, LLC v Narang</i>, 73 AD3d 1030, 1032 ; <i>see</i> CPLR 3215; <i>Bachvarov v Khaimov</i>, 224 AD3d 724 , 725).

2024(NY St Cts Filing [NYSCEF] Doc No. 1). "[A]lthough a verified complaint 'may be used as the affidavit of the facts constituting the claim,' the complaint 'must contain evidentiary facts from one with personal knowledge since a pleading verified by an attorney pursuant to CPLR § 3020 [d] [3] is insufficient to establish its merits'" ( see Pemberton v Montoya , 216 AD3d 988 [2d Dept 2023] quoting Triangle Props. # 2, LLC v Narang , 73 AD3d 1030 [2d Dept 2010]; citing Roy v 81 E 98th KH Gym, LLC , 142 AD3d 985 [2d Dept 2016]; Jacobsen v S & F Serv.

2018School Dist., 50 AD3d 138, 147 ).

2008School Dist. (50 AD3d 138, 152 [2d Dept 2008]), when analyzing whether the municipality has been prejudiced by the delay in filing the notice of claim, noted: “Of course, when the public corporation has actual knowledge of the facts constituting the claim, it may be easier for a claimant to meet this burden (see Gibbs v City of New York, 22 AD3d 717, 719 [2005]).

2020The plaintiff appeals from so much of the order as denied his motion for leave to enter a default judgment against Combs. " An applicant for a default judgment against a defendant must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear'" ( Citimortgage, Inc. v Noel , 145 AD3d 957, 958 , quoting U.S. Bank, N.A. v Razon , 115 AD3d 739 , 740; see U.S. Bank N.A. v Wolnerman , 135 AD3d 850, 851 ; Fried v Jacob Holding, Inc. , 110 AD3d 56, 59 ).

2020However, " [a]n applicant for a default judgment against a defendant must submit [*2]proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear'" ( Citimortgage, Inc. v Noel , 145 AD3d 957, 958 , quoting U.S. Bank, N.A. v Razon , 115 AD3d 739 , 740; see U.S. Bank N.A. v Wolnerman , 135 AD3d 850, 851 ; Fried v Jacob Holding, Inc. , 110 AD3d 56, 59 ).

2010Corp., 215 AD2d 7, 9 [2d Dept 1995]).

2004Corp., 215 AD2d 7, 9 [1995]).

2007In determining whether to permit service of a late notice of claim, the court must consider all relevant facts and circumstances, including whether (1) the movant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (3) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5]; Matter of Henriques v City of New York, 22 AD3d 847, 848 [2005];

2006In determining whether to permit service of a late notice of claim, the court must consider all of the circumstances, including whether (1) the movant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (3) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5]; Matter of Hicks v City of New York, supra at 566-567; Matter of Fierro v Cit

2025Discussion A motion for a default judgment must be supported with ··proof of sen·ice of the summons and the complaint, ... proof of the facts constituting the claim, [and] the default" (CPLR 3215[f]; see Gordon Law Firm, P.C. v Premier DNA Corp., 205 AD3d 416 , 417 [1st Dept 2022]). ··[A] complaint verified by someone or an afiidavit executed by a party with personal knowledge of the merits of the claim" satisfies this statutory requirement (Beltre v Babu, 32 AD3d 722, 723 [ I st Dept 2006]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 71 [2003]).

2025Discussion It is well settled that an application for a default judgment must be supported with "proof of service of the summons and the complaint[,] proof of the facts constituting the claim, [and] the default" (CPLR 3215 [f]). "[A] complaint verified by someone or an affidavit executed by a party with personal knowledge of the merits of the claim" satisfies this statutory requirement ( Beltre v Babu , 32 AD3d 722, 723 [1st Dept 2006]).

2024"A complaint verified by an attorney, although permissible under CPLR §3020(d)(3) where, as here, the client is not in the county where the attorney maintains his office, is insufficient for purposes of CPLR 3215 when the attorney lacks personal knowledge of the facts constituting the claim" ( Joosten v. Gale , 129 AD2d 531, 534 [First Dept. 1987]; see also Merchants Mutual Insurance Company v. Dunham Piping & Heating Corp. , 203 AD3d 543 [First Dept. 2022]).

2024"A complaint verified by an attorney, although permissible under CPLR §3020(d)(3) where, as here, the client is not in the county where the attorney maintains his office, is insufficient for purposes of CPLR 3215 when the attorney lacks personal knowledge of the facts constituting the claim" ( Joosten v. Gale , 129 AD2d 531, 534 [First Dept. 1987]; see also Merchants Mutual Insurance Company v. Dunham Piping & Heating Corp. , 203 AD3d 543 [First Dept. 2022]).

2024Ctr. , 6 NY3d at 535, 539 ), since without actual knowledge of the facts constituting the claim, a municipality has "no reason to conduct a prompt investigation" ( Matter of Grandberry v City of New York , 206 AD3d 654 , 655).

2014Although a court is not precluded from examining whether infancy caused the delay in serving the notice, the Court in Williams noted that the “Legislature deleted the causation language” in General Municipal Law § 50-e (5) and added the simple fact of infancy as one of the considerations that should be considered ( 6 NY3d at 538 ; see also Bayo v Burnside Mews Assoc., 45 AD3d 495, 495 [1st Dept 2007] [where the record demonstrates that the defendant’s possession of the medical records provided actual notice of the facts constituting a claim of medical malpractice, the infant plaintiff should n

2024Here, in support of its motion for leave to enter a default judgment, the plaintiff submitted proof of service of the summons and complaint, proof of the facts constituting the claim, and FAC's failure to appear or answer the complaint ( see Rosenzweig v Gubner , 194 AD3d at 1089 ; Dupps v Betancourt , 99 AD3d 855 ).

2019The plaintiffs appeal, and we affirm. " On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing'" ( Dupps v Betancourt , 99 AD3d 855, 855 , quoting Atlantic Cas.

2024Where the defendants were given no opportunity to submit a response to the plaintiff's additional submissions, the plaintiff could not satisfy its burden of demonstrating proof of the facts constituting the claim and the amount due by submitting the business records upon which Freedman's affidavit was based for the first time after the submission of its reply papers ( see National Loan Invs., L.P. v New Zion Church of the Apostolic Faith, Inc. , 213 AD3d 860, 861-862 ; Citibank, N.A. v Yanling Wu , 199 AD3d 48, 58 ; cf. Matter of Whittaker v New York City Bd. of Educ. , 71 AD3d 776, 778 ; Valu

2018The respondent had actual knowledge of the facts constituting the claim within the statutory period ( see Matter of Viola v Ronkonkoma Middle Sch., 107 AD3d 1009 , 1010; Matter of Whittaker v New York City Bd. of Educ., 71 AD3d 776, 777 ; Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 ; Gibbs v City of New York, 22 [*2]AD3d 717, 719).

2023To demonstrate the facts constituting the claim, the movant need only submit sufficient proof to enable a court to determine that a viable cause of action exists ( see Woodson v Mendon Leasing Corp. , 100 NY2d 62, 71 ; Fried v Jacob Holding, Inc. , 110 AD3d at 60 ; Neuman v Zurich N. Am. , 36 AD3d 601, 602 ).

2022To demonstrate the facts constituting the claim, the movant need only submit sufficient proof to enable a court to determine if the claim is viable ( see Woodson v Mendon Leasing Corp. , 100 NY2d 62, 71 ; Fried v Jacob Holding, Inc. , 110 AD3d at 60 ; Neuman v Zurich N. Am. , 36 AD3d 601, 602 ).

2014He also submitted proof of the facts constituting the claim, and of the defendant’s default in answering or appearing (see CPLR 3215 [f]; Wassertheil v Elburg, LLC, 94 AD3d 753 [2012]; C&H Import & Export, Inc. v MNA Global, Inc., 79 AD3d 784 [2010]; 599 Ralph Ave.

2014He also submitted proof of the facts constituting the claim, and of the defendant’s default in answering or appearing (see CPLR 3215 [f]; Wassertheil v Elburg, LLC, 94 AD3d 753 [2012]; C&H Import & Export, Inc. v MNA Global, Inc., 79 AD3d 784 [2010]; 599 Ralph Ave.

2025Co. v Austin, 48 AD3d 720, 720 [2d Dept 2008]).

2024Co. v Austin, 48 AD3d 720, 720 )." Atlantic Cas.