Lambs, Inc. v. Diven

In Lambs, Inc. v. Diven, 2001 WL 1851677, 2001 N.Y. Slip Op. 40700(U) (Civ. Ct., N.Y. Co.) (Billings, J.), Judge Billings had occasion to apply this principle to a situation analogous to the one at bar, i.e., a proceeding to compel the sale of a cooperative apartment to satisfy a judgment owed by the respondent judgment debtor. Judge Billings in Lambs, Inc., addressed the issue of whether the respondent judgment debtor's default established the showing, incumbent upon the petitioner to make, that the judgment debtor's equity exceeded New York's $ 10,000 "homestead exemption." Judge Billings in Lambs, Inc., held that it did not: Although the petition alleges that Diven's equity in the premises ... "exceeds $ 10,000.00," this allegation is on "information and belief" and not personal knowledge ....The absence of an answer does not diminish petitioners' burden to support their entitlement to the relief sought with an affidavit on personal knowledge or other admissible evidence of the facts establishing petitioners' claim. In fact, Judge Billings in Lambs, Inc. held that even the presentation of a photocopy of a newspaper real estate advertisement offering the premises for sale at a price of $ 450,000.00 was, since it constituted hearsay, rendered insufficient by CPLR 3215(f).