Goodsell v. Davenport

Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered January 26, 1983 in Saratoga County, which granted plaintiff’s motion for a default judgment against defendant. This action to recover for the nonpayment of moneys due upon a contract to build a barn was commenced by personal service of a summons and complaint on November 2, 1982. The answer was required to be served by November 22,1982 (CPLR 3012, subd [a]). On December 30, 1982, an answer had not as yet been furnished and plaintiff moved for a default judgment. Included in defendant’s answering affidavits was…