Appellate Division of the Supreme Court of the State of New York August 18, 2011 (John Harris P.C. v. Krauss)

The court erred in granting defendant’s motion pursuant to CFLR 5015 (a) (1). Defendant did not submit competent evidence to establish either a reasonable excuse for the default or a meritorious defense. Defendant’s affidavit submitted in support of the motion was not properly notarized, and therefore none of the allegations therein should have been considered by the motion court.