Pruna v. Giacobbe

This is a motion, inter alla, to vacate a judgment in the sum of $7,734.50, entered after an *898inquest. Until his attorneys made this motion the defendant never appeared in the action.

The papers in the file of this action disclose that substituted service of the summons and complaint was made on the defendant. Service was complete on March 25, 1962, 10 days after the requisite papers were filed (former Civ. Prac. Act, § 231). Accordingly defendant, who never responded to the summons and complaint, was in default on or about April 16, 1962.

Thereafter, on December 28, 1962, at Special Term, Part…