KIRKMAN/3HREE, INC. v. PRIORITY AMC/JEEP, INC.


94 A.D.2d 870 (1983)

Kirkman/3hree, Inc., Appellant, v. Priority AMC/Jeep, Inc., et al., Defendants, and Dan Prior, Individually, Respondent

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

May 12, 1983


Admittedly, defendant Prior was personally served with the summons and complaint herein on February 18, 1982 and failed to answer or move until after judgment was taken by default on May 5, 1982. In defendant's affidavit on the motion to vacate the default judgment, he averred that he had contacted a certain Schenectady attorney by telephone, was advised that the said attorney would represent him and was directed to send the attorney the summons and complaint. Defendant admitted...

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