Knudson v. Flynn-Hill

Defendant moves pursuant to CPLR 5015 (subd. [a]) to vacate a judgment in the sum of $7,096.33 entered on default by the Clerk on December 7,1965, pursuant to CPLR 3215 (subd. [a]) and to stay the execution thereof.

This action on certain promissory notes executed by the defendant was commenced by the personal service on November 8, 1965 of a notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213 accompanied by a summons and notice pursuant to CPLR 305 (subd. [b]). The notice on the summons stated the sum of money for which judgment would be taken in the event of…