Escudero Construction Inc. v. Huck

OPINION OF THE COURT

John V. Aylward, J.

A motion for summary judgment was made before this court pursuant to CPLR 3212 basically upon the ground that the defendant is in default in failing to answer a complaint. At the time the motion was made, less than a year had elapsed from the default so that plaintiff’s proper procedure was to have appeared before the clerk of the court pursuant to CPLR 3215 (subd [a]). The motion was finally submitted to this court on December 12, 1977 and more than a year has elapsed since the default. This court will now consider the motion to have been made pursuant…