Quality Food Oils, Inc. v. Caruso Products Distributing Corp.

OPINION OF THE COURT

Anthony J. Ferraro, J.

In an action for breach of contract and goods sold and delivered, defendant moves to vacate a default judgment on the ground, inter alla, that there was no default. Defendant claims that judgment was entered prior to the expiration of its time to answer and that prior to the expiration of this time period an answer was served and improperly rejected by plaintiff.

It is undisputed that the action was commenced on July 12, 1984 by the out-of-State service of a summons and complaint on defendant, a New York corporation, by personal delivery to Frank Leo,…