McGuire v. Cousar Painting Co.

—Rose, J.

Appeal from an order of the Supreme Court (Castellino, J.), entered March 9, 2000 in Chemung County, which denied defendant’s motion to vacate a default judgment entered against it.

This action for breach of a painting contract alleging, inter alia, overpayment for defendant’s work and seeking damages in the amount of $301,384.21, was commenced after defendant allegedly abandoned the job without paying its employees’ pen*907sion fund and certain suppliers, subcontractors and State and Federal taxes. On October 6, 1999, defendant’s president, Thomas Cousar, was personally served with a…