Miller v. Cortese

WOOD (Parker), J.

Appeal from an order setting aside a default and the judgment entered thereon, and from an order refusing to vacate the order setting aside the default and judgment.

This action to recover $20,000 as a real estate broker’s commission was commenced on July 1, 1948. Plaintiff is the assignee of the broker, Alden B. Coyne. The defendants-named in the complaint were Ross W. Córtese, M. H. Bershin, Doe One, Doe Two and Doe Three. A return of service of summons and complaint shows that the summons and complaint were served on “Mike E Dinow, sued herein as Doe One,” on August…