On April 30, 2024, the First Department issued a decision in Alghafly v. Ewiess, 2024 NY Slip Op. 02271, affirming the denial of a motion to vacate a default judgment because of the failure to submit an affidavit showing the factual basis for the motion, explaining:
Defendant supported his motion to vacate the default judgment under CPLR 5015(a)(4) only by an affidavit by his counsel containing conclusory allegations not based on personal knowledge. He failed to submit his own affidavit by defendant averring that he never transacted business in New York. Accordingly, defendant did not adequately raise the issue that the court lacked personal jurisdiction over him pursuant to CPLR 302(a)(1) Furthermore, based on the record, plaintiff at least demonstrated a basis for jurisdiction and the motion to vacate on this ground was properly denied.
Similarly, the court also correctly declined to grant the motion to vacate his default based on the CPLR 5015(a)(1). Defendant could not demonstrate either a reasonable excuse for his default or a meritorious defense to the action because he submitted his motion without an affidavit by someone with personal knowledge of the pertinent facts, i.e., himself, and the affirmation by his counsel, who lacked personal knowledge, was insufficient for this purpose.
(Internal quotations and citations omitted).