Peck v. Ernst Bros.

Appeal from an order of the County Court of Saratoga County (Brown, J.), entered June 2, 1980, which granted defendant’s motion to vacate a default judgment in favor of plaintiffs. In an action brought by plaintiffs to recover damages for allegedly defective remodeling by defendant of plaintiffs’ home, defendant defaulted and an inquest was taken, but plaintiffs consented to the opening of the default. When defendant failed to appear a second time, another inquest was held and a judgment was entered in plaintiffs’ favor for $4,731. Denial of defendant’s motion to vacate the default judgment…