Rappazzo v. Nardacci

This proceeding, instituted by an order to show cause, dated September 22, 1959, seeks to vacate and set aside a default judgment entered against defendant November 7,1957.

The original suit is based upon two causes of action — one, for rent, in the amount of $65; the second, for defendant’s alleged damage to premises owned by plaintiff and occupied by defendant, in the sum of $305. All the pleadings were verified. Both *302parties, since . the action was instituted, had substitution of attorneys.

It is contended that on November 7, 1957, plaintiff’s attorney received a message from defendant’s…