Reed v. Martin Nemer Volkswagen Corp.

Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered January 5, 1983 in Albany County, which denied defendant’s motion to vacate a default judgment and vacated a stay of execution of that judgment. Plaintiff seeks to recover the expense of replacing or fixing a radio and installing air conditioning in a used car purchased from defendant. A summons with notice was served on September 16, 1982. On either October 5 or October 8,1982, in the course of a telephone conversation between plaintiff’s attorney and defendant’s claims adjuster regarding settlement, defendant…