ATTORNEY’S SUBMISSION WAS “CONCLUSORY” IN NATURE
When his motion to vacate a default judgment was denied by the New York County Supreme Court, F.E. appealed.
On its review on the record, the Appellate Division, First Department, noted that F.E.'s application was only supported by his counsel’s affidavit -- which was characterized as “conclusory” in nature, and not predicated on any “personal knowledge.”
In the absence of an affidavit by F.E., and given his failure to “demonstrate either a reasonable excuse for his default or a meritorious defense to the action,” the AD1 “unanimously affirmed” the underlying outcome (and left the default judgment undisturbed).
Now who’s default was that?
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DECISION