Hopkin v. Bowsky

This action on a promissory note was commenced against the party named herein as defendant by the due service of a summons and verified complaint. The defendant appeared by attorney and obtained an extension of time within which to serve his answer. The defendant failed to file his answer within the extended time, and he was, therefore, in default. Sometime after he suffered the default, the defendant died. Approximately five months after the death of the defendant, the plaintiff entered a judgment on such default.

*252This is a motion to vacate the judgment on the ground that it was entered in…