Ordered that the order is affirmed, with costs.
The default judgment was properly vacated. Since the defendant's timely demand for a complaint extended his time to appear until 20 days after service of the complaint, and the complaint was never served, the defendant was never in default (see, CPLR 3012 [b]).
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.