Cranesville Block Co. v. Carpenter

— Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered August 4,1981 in Schenectady County, which granted defendant’s motion to vacate a default judgment. Plaintiff entered a default judgment against defendant for moneys allegedly owed on account. When it sought execution thereon, defendant moved to be relieved of his default. In his moving affidavit he averred that he had never been served with any papers in the underlying action. Annexed to plaintiff’s answering papers is the affidavit of the process server which appears regular on its face. Confronted with…