The plaintiff commenced this action by service upon the Secretary of State on April 8, 1977. The defendant not having timely answered, the plaintiff secured a default judgment on May 10, 1977. By a notice of motion dated July 12, 1977, the defendant moved "to open up the default judgment * * * in the amount of $66,449.02 and for leave to submit an answer". The plaintiff opposed the motion; however, Special Term found an excusable default and granted a conditional order opening...
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