TOMCZAK v. SZCZUR


56 A.D.2d 737 (1977)

Thaddeus Tomczak et al., Respondents, v. Theresa Szczur et al., Appellants

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

February 25, 1977


Order unanimously reversed, without costs, motion granted and judgment vacated.

Memorandum:

On November 13, 1973, more than one year after defendants defaulted by failing to submit an answer to plaintiffs' personal injury complaint, plaintiffs obtained a default judgment which was subsequently entered on August 2, 1973. Inasmuch as more than one year had elapsed since defendants' default, defendants were entitled to at least five days' notice of the time and...

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