Altberg v. Paul Kovacs Tire Shop, Inc.

The sole issue in this appeal is whether the trial court improperly denied the defendant’s motion to open a judgment rendered after the defendant was defaulted for failure to plead. The underlying factual dispute revolves around a used truck that the plaintiff purchased from the defendant used car dealership. Shortly after the plaintiff purchased the truck, the truck’s engine failed and the plaintiff had it towed to the defendant’s garage. After the defendant refused to repair the truck at its expense, the plaintiff commenced this action. The plaintiff’s complaint was in three counts and…