FIATO v. BUSCEMA


122 A.D.2d 335 (1986)

Daniel J. Fiato, Doing Business as Acreage Landscape, Respondent, v. Charles Buscema, Appellant

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

July 3, 1986


Yesawich, Jr., J.

Plaintiff commenced this action in City Court, Small Claims Part, to recover $397.62 for landscape services performed for defendant. The latter failed to appear in court on the scheduled return date and plaintiff obtained a default judgment. In an effort to excuse his default, defendant told City Court that he had missed his court appearance because he believed the parties had settled the dispute for $300. When asked by the court why...

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