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Tomczak v. Szczur

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 25, 1977
56 A.D.2d 737 (N.Y. App. Div. 1977)

Opinion

February 25, 1977

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.


Order unanimously reversed, without costs, motion granted and judgment vacated. Memorandum: On November 13, 1973, more than one year after defendants defaulted by failing to submit an answer to plaintiffs' personal injury complaint, plaintiffs obtained a default judgment which was subsequently entered on August 2, 1973. Inasmuch as more than one year had elapsed since defendants' default, defendants were entitled to at least five days' notice of the time and place of the motion for judgment (CPLR 3215, subd [f]). Plaintiffs' failure to provide such notice necessitates vacatur of the default judgment. Defendants are required to serve their answer within 20 days of the entry of this order.


Summaries of

Tomczak v. Szczur

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 25, 1977
56 A.D.2d 737 (N.Y. App. Div. 1977)
Case details for

Tomczak v. Szczur

Case Details

Full title:THADDEUS TOMCZAK et al., Respondents, v. THERESA SZCZUR et al., Appellants

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

Date published: Feb 25, 1977

Citations

56 A.D.2d 737 (N.Y. App. Div. 1977)

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