COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : COURT : COUNTY OF ...................................................... : : Index No. NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION Index No. Plaintiff(s) -against- : : -against- Plaintiff(s) : : : : AFFIDAVIT OF FACTS UPON APPLICATION FOR DEFAULT JUDGMENT (Constituting Claim, Default and Amount Due) : : Defendant(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. Defendant(s) : . . .PLEASE . . . . . . . NOTICE .that,. pursuant to .Article 31. of .the Civil Practice Law and Rules, the deposition upon . . . . . . . . TAKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oral examination of STATE OF NEW YORK day of COUNTY OF , 20 , at ) ss.: ) o'clock in the noon of that day at ) whose address is , will be taken on the with respect to all matters material and necessary in the * 1. of this action, including dulynot limited to and says: being but sworn, deposes That the said person to be examined is required to produce at the said examination the following in his/her possession, custody orThis is an action for control: 2. 3. 4. 5. This action was commenced on or about by service of a summons and upon the defendant(s) herein. The time for the defendant(s) to answer or move with respect to the has expired, and the 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) has/have not answered or moved with disclosure the (If this notice is pursuant to CPLR 3101 (a)(4), state the circumstances or reasons suchrespect to is sought or required) The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading. Pursuant to CPLR § 3215(f)(3), additional notice of the default was duly given by * at least 20 days before the entry of such judgment, by mailing Yours, of the summons by first-class mail to the defendant a copy etc., 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. ** (Attorney must sign above and type name below) Dated: 6. 7. *** Proof of service of the said additional notice is annexed hereto. WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $ Attorney(s) for with interest from together with the costs and disbursements of this action. Dated: Sworn to before me on (Plaintiff must sign Office and P.O. Address above and type name below) * Notary Public ** *** InsertTelephone No.: ''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. American LegalNet, Inc. 2003 © American LegalNet, Inc. www.USCourtForms.com www.USCourtForms.com * Insert prosecution or defense, as the case may be.