Appeal from an order of the District Court of Suffolk County, Second District (Patrick J. Barton, J.), entered September 24, 2007. The order denied plaintiff's motion for entry of a default judgment pursuant to CPLR 3215.

Order affirmed without costs.

In support of its motion for entry of a default judgment upon defendant's failure to answer, plaintiff did not proffer either an affidavit or a verified complaint by a party with personal knowledge setting forth the factual basis for the claim, as is required by CPLR 3215 (f). We note in this regard that the relevant facts set forth in the verified complaint were based mainly upon information and belief and therefore could not be used as the affidavit of facts constituting the claim and the amount due. Accordingly, the lower court's denial of plaintiff's motion was proper (see CPLR 3215 [f]; Blam v Netcher, 17 AD3d 495 [2005]; All Mental Care Medicine, P.C. v Allstate Ins. Co., 15 Misc 3d 129[A], 2007 NY Slip Op 50612[U] [App Term, 2d & 11th Jud Dists 2007]).

McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: November 07, 2008