Agway Petroleum Corp. v. Peck

In an action to recover on a personal guarantee, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Benson, J.), dated June 4, 1985, as, upon defendants’ motion, vacated defendants’ default in pleading and directed plaintiffs attorney to accept service of an amended verified answer.

Order reversed insofar as appealed from, on the law, with costs, defendants’ motion denied in its entirety, the default *578judgment, which awarded plaintiff the sum of $265,458.64, reinstated, and the amended verified answer stricken.

While CPLR 2005 now allows delay or default due to…