Reporter Co. v. Tomicki

Appeal from orders of the Supreme Court at Special Term, entered May 23, 1977 and June 1, 1977, respectively, in Delaware County, which converted appellant’s motion to dismiss the complaint to a motion to open a default judgment, and granted such motion conditioned upon appellant’s posting security for the full amount of the judgment. Appellant Stokes was served by substituted service (CPLR 308, subd 4). Stokes failed to make a timely appearance in the action and a default judgment was entered. Plaintiff did not file the requisite proof of service within 20 days of service of summons (CPLR…