Walsh v. Smith

— Appeal from an order of the Supreme Court at Special Term, entered March 19, 1975 in Delaware County, which granted defendant’s motion to vacate a default judgment taken against him. On April 16, 1973 plaintiff instituted this action by service of a summons, and on May 17 a complaint was served alleging a number of contract and tort causes of action, arising out of $20,000 allegedly given to defendant in 1963. After motions by defendant to dismiss plaintiff’s first complaint proved unsuccessful, plaintiff served an amended complaint on August 1, 1973. Defendant attempted to answer on…