Carr v. Decesare

—Lahtinen, J.

Appeal from an order of the Supreme Court (Moynihan, Jr., J.), entered November 16, 1999 in Warren County which, inter alia, granted defendant’s cross motion to vacate a default judgment entered against him.

Plaintiff brought this action against defendant to collect unpaid rents. The complaint included causes of action for an account stated and counsel fees provided for in the lease between the parties. Defendant was duly served with the summons and complaint, given the requisite CPLR 3215 (g) (3) notice and, upon his failure to answer the complaint, a default judgment was entered…