Schraub v. Landes

In this action for brokerage commission plaintiff moves for an order granting him judgment by default as against defendants Meyer Horowitz, Shirley Horowitz and Nat Freedman.

Plaintiff alleges that these named defendants defaulted in answering or moving against his amended complaint within the 20-day limit as provided by law under section 263 of the Civil Practice Act.

The facts briefly stated are: On June 16, 1961 plaintiff

served his amended complaint upon defendants ’ attorney, which fact is substantiated by plaintiff by affidavit of service. The defendants had 20 days from this date in which…