Dugan v. Belik

Appeal from an order of the Supreme Court (Plumadore, J.), entered July 23, 1990 in Schenectady County, which denied third-party defendant’s motion to vacate a default judgment entered against him.

Plaintiff suffered injuries when the car in which she was a passenger was involved in an accident with a car owned and operated by defendants. Plaintiff seeks damages from defendants, who commenced a third-party action against third-party defendant who operated the car in which plaintiff was a passenger. It appears that an answer in the third-party action was not served until some 42 days after it…