Elmhurst Iron Works, Inc. v. Albert Alfieri General Contracting Co.

In an action to recover for work, labor and services, defendant appeals from an order of the Supreme Court, Queens County, dated April 8, 1974, which denied its motion to vacate a default judgment and to permit it to interpose an answer to the complaint. Order reversed, without costs, and motion granted. The answer to the complaint *972must be served within 20 days after service of a copy of the order to be entered hereon, with notice of entry. Vacatur of the default judgment should have been granted. After service of the summons, defendant’s original counsel served a notice of appearance, but…