Schutzer v. Suss-Kolyer

In an action, inter alia, to recover the balance due on a certain loan, defendants Suss-Kolyer appeal from so much of an order of the Supreme Court, Kings County, dated April 21, 1976, as denied the branches of their motion which sought to vacate a default .judgment entered in favor of plaintiff and against them, on May 15, 1975, and compel plaintiff-respondent to serve a complaint upon them. Order reversed insofar as appealed from, without costs or disbursements, the said branches of the motion are granted, and the default judgment is vacated. Plaintiff shall serve a complaint upon…