Barry v. Oneonta Oil & Fuel Co.

Appeal from an order of the Supreme Court at Special Term, entered August 10, 1979 in Otsego County, denying the plaintiffs motion to vacate a default judgment and to restore the action to the Trial Calendar. The action was commenced on January 7, 1975 and issue joined on November 16, 1978. The complaint sought to recover moneys due and owing the plaintiff for work, labor and services. The defendant counterclaimed for negligence in the performance of the work and for breach of contract. The action appeared on the Supreme Court Trial Term Calendar for Otsego County for the March, 1979 term…