H.E.A.T. Enterprises, Ltd. v. Willette

Plaintiff, a company that sells and services stoves, commenced an action in Town Court seeking $536.25 from defendant, its former employee, asserting that he failed to pay for a coal stove it had sold and delivered to him. Defendant did not answer or appear, resulting in plaintiff obtaining a default judgment *1026against him in September 2004. In March 2006, defendant moved to set aside the default judgment contending, among other things, that he had never been served. After conducting a hearing, Town Court denied defendant’s motion finding that he had been properly served and that his other…