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Chrysler First Financial Services Corp. of America v. Burse

210 A.D.2d 947 Court N.Y. App. Div. Decision date 1994-12-23 English

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p. 947
Chrysler First Financial Services Corporation of America, Appellant-Respondent, v James D. Burse, Respondent, and Patricia Burse, Respondent-Appellant, et al., Defendants.
[621 NYS2d 977]

—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.

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