Agway, Inc. v. Curtis

Full title: AGWAY, INC. — DANSVILLE STORE, Respondent, v. RICHARD CURTIS, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 16, 1993

195 A.D.2d 1077 (N.Y. App. Div. 1993)

601 N.Y.S.2d 735

Opinion

July 16, 1993

Appeal from the Supreme Court, Livingston County, Cicoria, J.

Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in denying defendant's motion to vacate a default judgment. It is undisputed that defendant did not appear in the action in the manner authorized by CPLR 320 (a). Even if, after he was served with a summons with notice, defendant sent two letters to plaintiff's attorney requesting an itemized statement of his account, we conclude that such letters were insufficient to constitute an informal appearance (cf., Meyer v A B Am., 160 A.D.2d 688; Taylor v. Taylor, 64 A.D.2d 592; Siegel, N Y Prac § 112 [2d ed]).