| Okeke v Ewool |
| 2009 NY Slip Op 07810 [66 AD3d 978] |
| October 27, 2009 |
| Appellate Division, Second Department |
| Emmanuel Okeke, Appellant, v Waldrine Ewool et al.,Defendants. |
—[*1]
In an action, inter alia, to recover damages for unlawful eviction, conversion, and intentionalinfliction of emotional distress, the plaintiff appeals from an order of the Supreme Court,Richmond County (McMahon, J.), dated September 23, 2008, which denied his unopposedmotion pursuant to CPLR 3215 for leave to enter judgment against the defendants on the issue ofliability upon their defaults in appearing or answering the complaint and to set the matter downfor an inquest on the issue of damages.
Ordered that the order is reversed, on the law, with costs payable by the defendants, and theplaintiff's motion for leave to enter judgment against the defendants on the issue of liability upontheir defaults in appearing or answering the complaint and to set the matter down for an inqueston the issue of damages is granted.
In support of his unopposed motion pursuant to CPLR 3215, the plaintiff submitted proof ofservice of copies of the summons and the complaint upon the defendants, of the factsconstituting the claim, and of the defendants' defaults in appearing or answering the complaint(see CPLR 3215 [f]; Levine vForgotson's Cent. Auto & Elec., Inc., 41 AD3d 552, 553 [2007]; 599 Ralph Ave. Dev., LLC v 799 SterlingInc., 34 AD3d 726 [2006]; Lipp v Port Auth. of N.Y. & N.J., 34 AD3d 649 [2006]). There isno evidence in the record that the defendants made timely appearances or answered thecomplaint. Accordingly, the plaintiff's unopposed motion for leave to enter judgment against thedefendants on the issue of liability upon their defaults in appearing or answering the complaintand to set the matter down for an inquest on the issue of damages should have been granted.Rivera, J.P., Miller, Balkin, Leventhal and Hall, JJ., concur.