Chrysler First Financial Services Corp. of America v. Burse, 210 A.D.2d 947

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly vacated the default judgment against defendant James D. Burse. That judgment was a nullity because it was not entered in compliance with CPLR 308 (4) (see, Marazita v Nelbach, 91 AD2d 604).

The court erred, however, in failing to vacate the default judgment against defendant Patricia Burse based on plaintiffs failure to comply with the five-day notice requirement of CPLR 3215 (g) (1) (cf., Q.P.I. Rests. v Slevin, 93 AD2d 767, appeal dismissed 60 NY2d 676). (Appeals from Order of Supreme Court, Steuben County, Scudder, J.—Vacate Default Judgment.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

Case Details

Case Name: Chrysler First Financial Services Corp. of America v. Burse

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 23, 1994

Citations: 210 A.D.2d 947; 621 N.Y.S.2d 977; 1994 N.Y. App. Div. LEXIS 13419

Court Abbreviation: N.Y. App. Div.