Gau v. Kramer

Appeal from an order of the Supreme Court (Monserrate, J.), entered April 17, 2000 in Broome County, which, inter alia, granted plaintiffs motion for a default judgment.

Copies of the duly filed summons and complaint in this legal malpractice action were personally served on defendant in October 1999. Shortly thereafter, defendant served a “limited notice of appearance,” alleging that he was appearing only for the purpose of asserting lack of personal jurisdiction based upon violations of CPLR 305 (a) and 503 (a). In the absence of an answer or a motion to dismiss, plaintiff moved for judgment…