Franklin Credit Management Corp. v. Wik

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered May 12, 2009. The order, inter alia, granted plaintiff a default judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part granting a default judgment, granting defendant 10 days after service of the order of this Court with notice of entry to serve an answer, *1146and denying plaintiffs motion and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action by serving a summons and complaint alleging that defendant…