S. Leto Construction Corp. v. Herkimer Construction Corp.

On June 2,1958 a judgment in favor of plaintiff S. Leto Construction Corp. was entered in the Supreme Court against Herkimer Construction Corp. for $3,582.13. The judgment was entered by the clerk without application to the court.

It was not supported by a judgment roll. An affidavit was filed by the attorney for plaintiff that a stipulation had not been complied with, and this was the sole basis for entry of the judgment. The text of the affidavit thus filed with the clerk is not in the record before us.

The undisputed proof by affidavit in the record before us is that at the time of the entry…