Czub v. Russell

Appeal from an order of the Supreme Court (Brown, J.), entered December 3, 1990 in Saratoga County, which conditionally granted defendant’s motion to vacate a default judgment entered against him.

In this breach of contract action arising out of a truck lease agreement executed by the parties, plaintiff entered a judgment in the amount of $6,418 upon defendant’s default. Defendant moved to vacate the default judgment based upon affidavits which asserted an excuse for the default and a defense to plaintiff’s claim. Supreme Court granted the motion, conditioned upon defendant posting a bond of…