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- Title
A NULLITY OR NOT?--THE STATUS OF A DEFAULT JUDGMENT ENTERED ABSENT COMPLIANCE WITH CPLR 3215(F).
- Authors
Higgitt, John R.
- Abstract
The article examines the default judgment statute. It discusses the requirement that a plaintiff submit proof of the facts of its claim, including proof of service of the initiatory papers on the defendant, proof of the default and proof of the facts constituting the claim. Furthermore, the article also evaluates the case law regarding the consequences of a plaintiff's failure to submit sufficient proof of its claim.
- Subjects
NEW York (State); ACTIONS &; defenses (Law); EVIDENCE; LEGAL claims; COMPLAINTS (Civil procedure)
- Publication
Albany Law Review, 2010, Vol 73, Issue 3, p807
- ISSN
0002-4678
- Publication type
Article