Appellate Division of the Supreme Court of the State of New York May 13, 2010 (Capital Compost & Waste Reduction Services, LLC v. MacDonald)

Mercure, J.E

Appeal from an order of the Supreme Court (Platkin, J.), entered February 19, 2009 in Albany County, which denied defendant’s motion to vacate a default judgment entered against him.

In 2004, plaintiff commenced this action to recover unpaid charges for waste disposal services provided to defendant. Following joinder of issue, Supreme Court (Malone, Jr., J.