Doroski v. Mintler

Appeal from an order of the Supreme Court at Special Term, entered April 3, 1975 in Delaware County, which granted defendant’s motion to vacate a default judgment. Defendant moved to set aside a default judgment in favor of plaintiffs "on the ground that the judgment is unenforceable by reason of section 213 of the CPLR, which precludes actions from being commenced on promissory demand notes after six years.” There is no such motion. Special Term apparently treated defendant’s motion as a motion to relieve defendant from a default judgment under CPLR 5015 and granted the motion. To warrant…