White v. Weiler

—Order unanimously reversed in the interest of justice without costs, motion granted and judgment vacated. Memorandum: Defendants argue that the default judgment should not have been accepted by the Oneida County Clerk for filing because three causes of action do not fall within the statu*953tory definition of claims for a sum certain (see, CPLR 3215 [a]). Although defendants failed to make that argument to Supreme Court, thereby not preserving an issue of law for our review, we review the argument in the interest of justice and reverse.

Although the summons with notice contains a cause of action…