RUST v. SIFER


115 Misc.2d 363 (1982)

Robert E. Rust, Plaintiff, v. Harold Sifer, Individually and Doing Business as "The Stage East", et al., Defendants.

Supreme Court, Onondaga County.

June 16, 1982


Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Walter L. Meagher, Jr., of counsel), for Harold Sifer, defendant. Birnbaum, Manaker & Aquilio (John C. Cherundolo of counsel), for plaintiff.


THOMAS ALOI, J.

Defendant Sifer has moved to vacate a default judgment on the sole ground that judgment was entered more than one year after default without giving defendant the five-day notice set forth in CPLR 3215 (subd [f], par 1).

On this motion, plaintiff submitted uncontradicted proof that neither defendant nor his insurance carrier intended to appear and contest this action or the entry of default judgment following inquest. Indeed, defendant...

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