ALL TRAVERSABLE COMPLAINT ALLEGATIONS WERE DEEMED ADMITTED
After the New York County Supreme Court denied her request for a default judgment in the context of a personal-injury case, LV appealed.
Since she provided proof of service of her complaint, which set forth the facts underlying her claims, and given that the defendant failed to answer, or otherwise appear, the Appellate Division, First Department, thought the court below had committed reversible error by denying LV’s request for relief.
Particularly since she alleged the existence of a dangerous condition, and “that the occurrence was solely the result of defendant's negligence in the ownership, operation, maintenance, and control of the premises, and without any negligence on plaintiff's part contributing to the accident,” the AD1 thought that the motion should have been granted given that “all traversable allegations in the verified complaint, including the basic allegation of liability” were deemed to have been admitted.
Now who’s at default for that?
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DECISION