Bonnefin v. Perkins

Appeal from an order of the Supreme Court at Special Term, Sullivan County, which denied appellant’s motion to open a default judgment and to set aside service of the summons or, in the alternative, to permit appellant to interpose an answer. In 1965 the parties were involved in an automobile accident resulting in personal injury to the respondents. Respondents retained counsel who communicated with appellant’s insurer as to possible settlement of the case. When no agreement was reached by late 1966, the respondents commenced an action by means of substituted service upon appellant at 2100…