PECK v. ERNST BROS., INC.


86 A.D.2d 692 (1982)

Harold Peck et al., Appellants, v. Ernst Brothers, Inc., Respondent

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

January 7, 1982


In an action brought by plaintiffs to recover damages for allegedly defective remodeling by defendant of plaintiffs' home, defendant defaulted and an inquest was taken, but plaintiffs consented to the opening of the default. When defendant failed to appear a second time, another inquest was held and a judgment was entered in plaintiffs' favor for $4,731. Denial of defendant's motion to vacate the default judgment was affirmed with the observation that the moving papers failed...

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