Hotel Syracuse, Inc. v. Brainard

Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Memorandum: Plaintiff brought this action to recover from defendant the unpaid amount of rental agreed to be paid by defendant for the lease of certain premises in accordance with the terms of a written lease. The defendant having defaulted, judgment was entered by the clerk without application to the court. The defendant moves to vacate the judgment so entered upon the ground that the clerk did not have the right to enter the judgment but that plaintiff was required to apply to…