Millus v. Emmer

In a negligence action to recover damages for personal injuries, etc., in which plaintiffs entered a judgment upon defendant’s default in answering, plaintiffs appeal from so much of an order of the Supreme Court, Kings County, dated January 2, 1980, as, upon defendant’s motion to vacate the default judgment, upheld the validity of the personal service of the summons and complaint upon the defendant, only “upon condition that” plaintiffs accept service of the answer theretofore interposed on behalf of the defendant and rejected by plaintiffs because they had already entered a default…