Kerwin v. Sellig

— Appeal from an order of the Supreme Court at Special Term (Lynch, J.), entered February 9, 1982 in St. Lawrence County, which granted defendant’s motion to vacate a default judgment rendered in favor of plaintiff. This case presents another instance in which this court is constrained by Barasch v Micucci (49 NY 2d 594) and its progeny. The present action was instituted by the service on defendant of a summons and complaint on October 7, 1981. Thereafter, on December 15, 1981, plaintiff, not having received a notice of appearance, secured a default. On December 28, 1981, a notice of…