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Answer - New York
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COURT COUNTY OF ...................................................... : COURT Index No. COUNTY OF : ..................................................... : : -againstPlaintiff(s) : : : AFFIDAVIT OF FACTS Index No. : UPON APPLICATION FOR DEFAULT JUDGMENT : ANSWER : : : : : (Constituting Claim, Default and Amount Due) : Plaintiff(s) -against: Defendant(s) : ...................................................... STATE OF NEW YORK COUNTY OF ) ) ) ss.: : being duly sworn, deposes and says: Defendant(s) : ..................................................... 1. 2. I am the plaintiff in the above captioned action, and I submit this affidavit in support of the instant application for judgment by default pursuant to CPLR § 3215. , Defendant(s), This is an action for , by (his/her/their/its) attorney(s), as 3. and for an Answer to the Complaint of the Plaintiff(s) herein, hereby respond(s) as follows: This action was commenced on or about by service of a summons and 4. upon the defendant(s) herein. has expired, and the The time for the defendant(s) to answer or move with respect to the defendant(s) has/have not answered or moved with respect to the AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION Defendant(s) (admit the allegations contained in paragraph(s) of the 5. The defendant(s) time to plead has not been extended, and the information sufficient to form a Complaint; state(s) that he/she/they/it lack(s) knowledge ordefendant(s) is/are now in default in pleading. 6. belief as to the truth of the allegations in paragraph(s) , denies each and Pursuant to CPLR § 3215(f)(3), additional notice of the default was duly given by * at least 20 every allegation contained in paragraph(s) mailing a copy of the summons thefirst-class mail to the defendant of by complaint. days before the entry of such judgment, by (Repeat for each cause of action) at the defendant's place of residence in an envelope bearing the legend ''personal and confidential'' and not indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged AS AND FOR A FIRST AFFIRMATIVE DEFENSE debt. ** *** Proof of service of the said additional notice is annexed hereto. 7. AS AND FOR A FIRST COUNTERCLAIM BY DEFENDANT(S) AGAINST defendant(s) in the WHEREFORE, deponent demands judgment against thePLAINTIFF(S) sum of $ with interest from together with the costs and disbursements of this action. Dated: Sworn to before me on AS AND FOR A FIRST CROSS CLAIM BY DEFENDANT(S) name below) (Plaintiff must sign above and type AGAINST CO-DEFENDANT(S) * Insert ''me'' or ''my attorney(s)'', as the case may be. Insert any other information concerning circumstances of mailing - See CPLR § 3215(f)(3)(i) Pursuant to CPLR § 3215(f)(3)(ii), the affidavit of mailing of additional notice must be executed by person mailing the notice and filed with the judgment. 2003 © American LegalNet, Inc. American LegalNet, Inc. www.USCourtForms.com www.USCourtForms.com Notary Public ** *** COURT COUNTY OF ...................................................... : WHEREFORE, defendant(s) demand(s) judgment as follows: against Plaintiff(s) Index No. dismissing the complaint; against Plaintiff(s) : counterclaim (s) in the sum of on the dollars, plus interest; against Defendant(s) : on the cross-claim(s) in the AFFIDAVIT OF FACTS dollars, plus interest; against Plaintiff(s) sum of Plaintiff(s) UPON APPLICATION FOR : -againstDEFAULT JUDGMENT and defendant(s) : for costs and disbursements, and (Constituting Claim, Default and Amount Due) for such other and further relief as this Court may deem just and proper herein. : : Dated: Defendant(s) : ...................................................... STATE OF NEW YORK COUNTY OF ) ) ) (Attorney for Defendant(s) - sign above and type name below) ss.: Attorney(s) for Defendant(s) 1. 2. 3. 4. 5. 6. being duly sworn, deposes and says: I am the plaintiff in the above captioned action, and I submit this affidavit in support of the instant application for judgment by default pursuant to CPLR § 3215. This is an action for Office and Post Office Address: This action was commenced on or about by Telephone service of a summons and upon the defendant(s) herein. Number: The time for the defendant(s) to answer or move with respect to the defendant(s) has/have not answered or moved with respect to the has expired, and the The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading. Pursuantanswer is being3215(f)(3), additional notice of the default was duly given by * at least 20 to whom to CPLR § served) days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at the defendant's place of residence in an envelope bearing the legend ''personal and confidential'' and not indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged debt. ** *** Proof of service of the said additional notice is annexed hereto. (List names and addresses of attorneys and any other parties To: 7. WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $ with interest from together with the costs and disbursements of this action. Dated: Sworn to before me on (Plaintiff must sign above and type name below) * Notary Public ** *** Insert ''me'' or ''my attorney(s)'', as the case may be. Insert any other information concerning circumstances of mailing - See CPLR § 3215(f)(3)(i) Pursuant to CPLR § 3215(f)(3)(ii), the affidavit of mailing of additional notice must be executed by person mailing the notice and filed with the judgment. 2003 © American LegalNet, Inc. American LegalNet, Inc. www.USCourtForms.com www.USCourtForms.com
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