HOT ROLL MFG. CO. v. CERONE EQUIP.


38 A.D.2d 339 (1972)

Hot Roll Mfg. Co., Appellant, v. Cerone Equipment Co., Inc., Respondent

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

March 7, 1972.


Attorney(s) appearing for the Case

Lynn & Lynn, P. C. (Gerald A. Lynn of counsel), for appellant.

Lombardi & Reinhard for respondent.

SWEENEY and KANE, JJ., concur. HERLIHY, P. J., and STALEY, JR., J., dissent, and vote to affirm on the opinion of the County Court.


GREENBLOTT, J.

This is an appeal from an order of the County Court of Albany County, entered October 8, 1971, which affirmed an order of the Albany City Court vacating a judgment entered by default.

Plaintiff, a Missouri corporation, instituted an action in Albany City Court against defendant by service of a summons and verified complaint. When defendant failed to enter a timely appearance or answer,...

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