Simmons v. Mercer

— Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Doran, J.), entered January 12, 1988 in Albany County, which, inter alia, conditionally granted defendant’s motion to vacate a default judgment entered against him.

Plaintiff’s complaint asserts causes of action stemming from defendant’s alleged conversion of plaintiff’s tax records; the conversion ostensibly occurred when, in the course of forcing plaintiff’s accountant to vacate defendant’s building, defendant seized those records. Defendant, an attorney, did not serve his answer until more than three months after the complaint…