Nowak v. Oklahoma League for the Blind

Order unanimously reversed on the law without costs, motion granted and default order and judgment vacated. Memorandum: Supreme Court erred in denying the motion of defendant seeking to vacate a prior order on liability entered upon its default and a money judgment entered upon its default. With the exception of circumstances not present here, where a plaintiff seeks to obtain a default judgment, “any defendant who has appeared is entitled to at least five days’ notice of the time and place of the application” (CPLR 3215 [g] [1]). It is undisputed that plaintiff failed to provide defendant…