West v. Tracy

Appeal from an order of the Supreme Court at Special Term, entered April 14, 1976 in Broome County, which granted defendant’s motion to set aside a judgment by default in favor of plaintiff. Plaintiff’s infant sustained personal injuries when he was struck by an automobile owned and operated by the defendant and this negligence action was commenced in September of 1975 to recover the damages resulting therefrom. Defendant apparently turned over the summons and complaint to his insurance carrier which then entered into settlement negotiations with plaintiff’s attorney. Contending that…