Silken v. Farrell

In an action to recover damages for breach of a covenant of quiet enjoyment in a long-term lease, defendant moved to set aside and vacate a default judgment, obtained by plaintiff after service by publication, and for leave to serve an answer and *593counterclaim pursuant to section 217 of the Civil Practice Act. The motion was granted without terms. A motion for reargument was made and on reargument the court adhered to the original decision, stating: “Whether or not defendant should be made to bear the burden of the sheriff’s fees or the advertising costs is a matter which should abide the…