FRANK v. MARTUGE


285 A.D.2d 938 (2001)

728 N.Y.S.2d 315

KENNETH A. FRANK, Appellant, v. DONNA J. MARTUGE, Respondent.

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

Decided July 26, 2001.


Rose, J.

Plaintiff brought this action to recover moneys allegedly loaned to defendant, his former girlfriend. Based on an affidavit of service and defendant's failure to answer, plaintiff obtained a default judgment against her. When plaintiff then took steps to enforce the judgment, defendant moved to vacate the default and change venue from Rensselaer County to Westchester County. Supreme Court granted defendant's motions and permitted her to answer the complaint...

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