Krogh v. K-Mart Corp.

— Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered February 17, 1982 in Albany County, which denied plaintiff’s motion for a default judgment against defendant K-Mart Corporation and granted defendant K-Mart Corporation’s cross motion for an order relieving it of its default in answering. Plaintiff was injured on December 19,1980 when she fell outside defendant K-Mart Corporation’s (defendant’s) store in Colonie, New York. On March 16, 1981, plaintiff commenced an action by service of a summons and complaint on the Secretary of State. When defendant thereafter…