Stoltz v. Playquest Theater Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mikoll, J. P.
Appeal from an order of the Supreme Court (Connor, J.), entered April 6, 1998 in Ulster County, which denied defendants’ motion to vacate a default judgment entered against them.
Defendant Playquest Theater Company, Inc. operated a now-defunct theater where various pieces of plaintiffs artwork were displayed. In March 1995, plaintiff commenced this action to recover the artwork or its monetary value. Upon their failure to appear or answer the summons and complaint, a default judgment was entered against defendants on April 25, 1996. On September 8, 1997, plaintiff served notice…
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