ADAMSON v. SILVESTRELLI


34 A.D.2d 633 (1970)

Juri Adamson, Respondent, v. Carl Silvestrelli, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1970


Order entered August 27, 1968 unanimously reversed on the law, the facts and in the exercise of discretion, without costs and without disbursements, and the motion to open the plaintiff's default and to vacate the judgment entered January 12, 1965 denied.

Although a complaint was never served, it appears that plaintiff's accident occurred on August 30, 1959. After a service of the summons, the plaintiff did not enter a default judgment (CPLR 3215) and further failed...

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