Air New York, Inc. v. Alphonse Hotel Corp.

Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered May 1,1981 in Albany County, which vacated a default judgment obtained by plaintiff against defendants on November 13, 1980. This is an action for breach of contract and willful tort which plaintiff instituted on June 17, 1980 by service of a summons with notice on defendant Teresa Aviation Co., Inc., through the Secretary of State. A notice of appearance was served on behalf of all the defendants on July 7,1980, and a verified complaint was then served by mail on defendants’ attorney on September 18, 1980. In…