Union Park Pontiac, Inc. v. Transit Freeze Corp.

Stiftel, J.:

Plaintiff’s complaint was filed with an affidavit of demand. Plaintiff claims that the sum of $10,000 is due and payable to it by defendant by reason of a default by defendant of each motor vehicle lease agreement, which provided that in case of default the balance of the rental for the entire two-year term of the lease was immediately due and payable.

The defendant has filed no affidavit of defense to the action, and has moved the court to set aside the “affidavit” because it was not such a case as was contemplated and provided for in the statute under which the affidavit of…