Fiato v. Buscema

Yesawich, Jr., J.

Appeal from an order of the County Court of Albany County (Turner, Jr., J.), entered August 29, 1985, which affirmed a judgment of City Court of the City of Albany denying defendant’s motion to vacate a default judgment entered against him.

Plaintiff commenced this action in City Court, Small Claims Part, to recover $397.62 for landscape services performed for defendant. The latter failed to appear in court on the scheduled return date and plaintiff obtained a default judgment. In an effort to excuse his default, defendant told City Court that he had missed his court…