Joosten v. Gale

In Joosten v. Gale, 129 A.D.2d 531 [1st Dept 1987], although the attorney had properly verified the complaint under CPLR 3020 (d)(3), since his client was not in the county where the attorney maintains his office, the Court held that the complaint verified solely by the attorney could not serve as the basis for the entry of a default judgment. The Appellate Division went on to explain: CPLR 3215 does not contemplate that default judgments are to be rubber-stamped once jurisdiction and a failure to appear have been shown. Some proof of liability is also required to satisfy the court as to the prima facie validity of the uncontested cause of action (see, 4 Weinstein-Korn-Miller, NY Civ. Prac paras. 3215.22-3215.27). The standard of proof is not stringent, amounting only to some first hand confirmation of the facts. Here, plaintiff failed to meet even that minimal standard. His complaint, verified as it is by his attorney, is pure hearsay, utterly devoid of evidentiary value. (Joosten, 129 A.D.2d 531 at 535).