Arden v. Loew's Hotels, Inc.

Appeal from an order of the Supreme Court at Special Term, entered in Tompkins County, which denied a motion to vacate and set aside a default judgment. This personal injury action was commenced by service of a summons containing the following statement: “Take notice, that pursuant to the foregoing summons, upon your default, judgment will be taken against you for the sum of $50,000 with appropriate interest, together with the costs and disbursements of this action.” Ho complaint was ever served and the defendants failed to appear in the action. A default judgment was entered after inquest…