Shaw v. Tait

OPINION OF THE COURT

Richard F. Kuhnen, J.

Defendants, by order to show cause, move to vacate a judgment against them in the amount of $975.54 entered on February 20, 1979, on the ground that their default in pleading is excusable under CPLR 5015 and that they have a meritorious defense to the action. Execution has been stayed pending the determination of the motion.

The action, to collect moneys owing to Walton Western Auto and Delaware Valley Hospital, plaintiff’s assignors, was instituted by the service of a summons with notice. Within 20 days thereafter, defendant Gloria Tait says, she spoke…