S. Weiner Furniture Co. v. Dolphin Equipment Leasing Corp.

— Appeal from an order of the Supreme Court at Special Term, entered March 1, 1978 in Sullivan County, *756which denied defendants’ application to vacate a default judgment. In 1974 plaintiff advanced $4,680 to defendant Dolphin Equipment Leasing Corporation (Dolphin) in connection with a proposed lease between Dolphin and one Brickman House, Inc. However, the proposed lease was never executed or performed by Dolphin and in March of 1976 plaintiff commenced an action by service of a summons with notice to recover the $4,680 "deposit”, with interest thereon from June of 1975. A notice of…