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Chrysler 1st Fin. Serv. Corp of Am. v. Burse

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 947 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Supreme Court, Steuben County, Scudder, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly vacated the default judgment against defendant James D. Burse. That judgment was a nullity because it was not entered in compliance with CPLR 308 (4) (see, Marazita v Nelbach, 91 A.D.2d 604).

The court erred, however, in failing to vacate the default judgment against defendant Patricia Burse based on plaintiff's failure to comply with the five-day notice requirement of CPLR 3215 (g) (1) (cf., Q.P.I. Rests. v Slevin, 93 A.D.2d 767, appeal dismissed 60 N.Y.2d 676).


Summaries of

Chrysler 1st Fin. Serv. Corp of Am. v. Burse

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 947 (N.Y. App. Div. 1994)
Case details for

Chrysler 1st Fin. Serv. Corp of Am. v. Burse

Case Details

Full title:CHRYSLER FIRST FINANCIAL SERVICES CORPORATION OF AMERICA…

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

Date published: Dec 23, 1994

Citations

210 A.D.2d 947 (N.Y. App. Div. 1994)
621 N.Y.S.2d 977

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