Socony Mobil Oil Co. v. Salamy

Plaintiff appeals from an order of Special Term which granted defendants’ motion to set aside a default judgment Avith leave to serve an answer to the verified complaint. Plaintiff challenges this order as an improper exercise of discretion by the court beloAv. The action Avas commenced in Supreme Court, Albany County, by service of summons August 7, 1959. The defendants filed a notice of appearance b;r their attorney, William Perry, on August 17, 1969. Although this notice contained a demand for a copy of the complaint, none Avas served until late October, 1959. On November 4, 1959,…