DOROSKI v. MINTLER


49 A.D.2d 990 (1975)

Frank Doroski et al., Appellants, v. Ernest Mintler, Respondent

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

October 30, 1975


Defendant moved to set aside a default judgment in favor of plaintiffs "on the ground that the judgment is unenforceable by reason of section 213 of the CPLR, which precludes actions from being commenced on promissory demand notes after six years." There is no such motion. Special Term apparently treated defendant's motion as a motion to relieve defendant from a default judgment under CPLR 5015 and granted the motion. To warrant vacating a default judgment, under CPLR 5015...

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