WILSON'S HEAVY EQUIPMENT, INC. v. LA VALLEE


302 A.D.2d 806 (2003)

754 N.Y.S.2d 594

WILSON'S HEAVY EQUIPMENT, INC., Respondent, v. ROBERT LA VALLEE, Appellant.

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

Decided February 27, 2003.


Carpinello, J.

In 1992, defendant leased a piece of heavy equipment from plaintiff for a specific monthly sum ($1,800 per month, plus tax). Alleging that defendant failed to pay the entire balance due for three particular months despite demand, plaintiff commenced this action to recover $3,913.50, plus interest. Defendant defaulted. Six years later, he moved to vacate the default judgment. Following a hearing at which defendant's principal excuse for the default was...

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