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H.E.A.T. ENTERPRISES, LTD. v. WILLETTE

57 A.D.3d 1025 (2008)

868 N.Y.S.2d 814

H.E.A.T. ENTERPRISES, Ltd., Doing Business as THE STOVERY, Respondent, v. RANDY WILLETTE, Appellant.

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

December 4, 2008.

Lahtinen, J.

Plaintiff, a company that sells and services stoves, commenced an action in Town Court seeking $536.25 from defendant, its former employee, asserting that he failed to pay for a coal stove it had sold and delivered to him. Defendant did not answer or appear, resulting in plaintiff obtaining a default judgment against him in September 2004. In March 2006, defendant moved to set aside the default judgment contending...

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