Opinion
No. 4683.
March 31, 2011.
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 28, 2009, which denied defendant-appellant's motion to vacate the default judgment entered against him, unanimously reversed, on the law, without costs, and the motion granted.
Ofeck Heinze, LLP, New York (Mark F. Heinze of counsel), for appellant.
Jonathan David Bachrach, New York, for respondent.
Before: Gonzalez, P.J., Friedman, Moskowitz, Freedman and Román, JJ.
The verified complaint alleged a contract to perform telephone services by plaintiff for defendants for a stated fee, and defendants' failure to pay. However, the complaint does not allege that appellant was a party to the contract individually, so as to bind him to its terms. "Some proof of liability is . . . required to satisfy the court as to the prima facie validity of . . . uncontested cause of action" ( Feffer v Malpeso, 210 AD2d 60, 61 [internal quotation marks and citation omitted]; see Giordano v Berisha, 45 AD3d 416; CPLR 3215 [f]), and here plaintiff failed to provide the motion court with evidence that appellant was personally liable for the stated claims. Accordingly, the default judgment was a nullity ( see Natradeze v Rubin, 33 AD3d 535).