TUTERA v. NAGEL


160 A.D.2d 1058 (1990)

Louis Tutera, Appellant, v. Fran Nagel, Respondent

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

April 5, 1990


Mikoll, J.

The issue on this appeal is whether Supreme Court properly vacated a default judgment entered against defendant on the ground that there was no written contract setting forth an agreed price for the work, labor and services allegedly provided by plaintiff at defendant's request. The default judgment had been entered in accordance with CPLR 3215 (a) which permits a County Clerk to grant a default...

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