On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50015(U), denying a motion for default judgment for failure to submit either a verified complaint or a sufficient supporting affidavit, explaining:
Upon review of the documents submitted in support of plaintiffs’ application, the court declines plaintiffs request for a default judgment against MHI. First, no evidence was submitted establishing MHI was served with this motion. Second, the complaint is not verified. In circumstances where a complaint is not verified, a default judgment is only appropriate when accompanied by an affidavit from a party with knowledge, that includes proof of the facts, the default, and a statement as to any amounts owed. The affidavit of Brian Quinn filed in support of the motion was not notarized or signed.
(Internal citations omitted).