Tutera v. Nagel

Appeal from an order of the Supreme Court (Hughes, J.), entered March 15, 1989 in Schoharie County, which granted defendant’s motion to vacate a default judgment entered against him.

The issue on this appeal is whether Supreme Court properly vacated a default judgment entered against defendant on the ground that there was no written contract setting forth an agreed price for the work, labor and services allegedly provided by plaintiff at defendant’s request. The default judgment had been entered in accordance with CPLR 3215 (a) which permits a County Clerk to grant a default if the suit "is…