A. J. Eckert Co. v. George A. Fuller Co.

from an order of the Supreme Court at Special Term, entered March 3, 1975 in Albany County, which vacated a default judgment taken by plaintiff against defendant. Plaintiff, a subcontractor, sued defendant, the general contractor under a construction contract to recover a balance due under the contract and for damages for breach thereof. The action was started by serving a summons without a complaint on defendant on November 1, 1973. Indorsed on the summons below the caption of the action is the following: "Claim for the balance due under a contract and damages for breach thereof.” After…