Lynch v. Imported Cars of Greenwich, Inc.

The defendant has appealed from the denial of its motion to open a judgment upon default for failure to appear for trial. The plaintiff brought this action against the defendant for its failure to pay for the purchase of her 1969 Mercedes Benz automobile which she delivered to the defendant, but which she claims was converted to the defendant’s use.

The trial was originally scheduled for December 11, 1978, but was continued by agreement of the parties to the following day, when it was once again continued until December 13. The defendant’s only witness failed to appear on December 13 and a…