Burke Supply Co. v. Amanda's Fryin' High, Inc.

opinion of the court

John S. Lockman, J.

Motion by defendant to vacate a default judgment entered in plaintiffs favor is granted.

Defendant moves to vacate a default judgment entered on October 22, 1980. Upon oral argument defendant pointed out that the summons which was served on October 1,1980 stated that a judgment would be entered unless an answer was served within 21 days after service of the summons. Pursuant to section 20 of the General Construction Law such a 21-day period would require service on or before October 22, 1980. Nevertheless, plaintiff entered a default judgment on October…