Mantell v. Servidone Construction Corp.

Appeal from an order of the Supreme Court at Special Term, entered October 19, 1976 in Ulster County, which denied a motion by defendant to vacate a default judgment taken against it by plaintiff and permit it to interpose an answer. This action was commenced by plaintiff to recover for property damage allegedly sustained by plaintiff as the result of blasting activities performed by the defendant. The action was commenced by service of a summons without a complaint upon the Secretary of State on February 24, 1975. Indorsed on the summons is the following: "Notice: The object of this action…