Dew

The complaint herein was in several causes of action, including one on money due on promissory notes executed by the defendant P. J. Pavese.

The complaint was filed October 22, 1965, was served on October 28, and the parties agree that on November 4 defendant’s attorney was given 10 days from that date in which to answer. According to plaintiffs’ counsel’s declaration on or about November 15 defendant’s attorney was granted an additional five days by oral agreement so the answer should have been filed by November 19. However, by a hearsay statement in the declaration of defendant’s counsel, his secretary called plaintiffs’ attorney’s secretary about November 22, 1965, and was granted a further continuance. This is denied by declaration of plaintiffs’ counsel, again hearsay, asserting that his secretary refused to grant further continuance on the ground that she had no authority, the matter being for attorneys, not for secretaries. On November 26 default was entered and defendant’s attorney was immediately informed by telephone and in writing.

Plaintiffs’ attorney refused to set aside the default and advised defendant’s attorney to take necessary steps to have it set aside if he…