Brenner v. Arterial Plaza, Inc.

Appeal from an order of the Supreme Court at Special Term entered in Pulton County which granted respondent’s motion to vacate a default judgment. The appellant brought an action for services rendered, in New York County, and upon a failure of appearance, a default judgment was entered in the office of the Clerk of New York County. Thereafter a transcript of the judgment was filed in the Fulton County Clerk’s Office. The respondent moved to vacate the default, laying the venue of the motion in Saragota County and, in granting the requestecTrelief, Special Term overruled respondent’s objection…