Asphalt Pavers, Inc. v. Cosentino

It is a truism of the law that the routine so often generates the unforeseen. So it is with this somewhat pedestrian application to amend a caption.

A stipulation of settlement had been entered into between the original parties to this action and upon the eventual default of the defendant pursuant to its terms, judgment was entered against him. However, two others (one a corporation) also signed that stipulation as guarantors and consented to having judgment entered against them, without notice, in the event of the defendant’s default. The plaintiff now moves for “ an order pursuant to Sec.…