State Bank of Albany v. Murray

Appeal by defendant from an order of the Supreme Court which denied his motion to be relieved of a judgment entered against him upon his default in appearing and to be permitted to appear, answer or move with respect to the complaint, in an action to recover the amount allegedly due upon a retail installment contract for the sale and purchase of an automobile. Attached to the moving papers is a purported certificate of defendant’s birth on July 30, 1945. The answering affidavit alleges that a school record indicates his date of birth as July 1, 1944 and that an employment record sets forth…