WHEREFORE, for the reasons set forth herein, it is respectfully requested that this Court enter a Decision & Order:

1. Vacating and setting aside the judgment by default entered herein pursuant to CPLR 5015 to on the grounds that the this Court lacked personal jurisdiction of me, because there was an excusable default. and because the judgment itself was procured through the fraud, misrepresentation and misconduct of the plaintiff  and its agents and because I have a meritorious defense to this action;

2. Dismissing the action and sanctioning the plaintiff’s side of this action for procuring the within judgment by fraud and misrepresentation; or, in the alternative,

3. Extending, nunc pro tunc, pursuant to CPLR 2004 and 3012(d), my time to serve an answer to the complaint in this action until twenty days (20) after an order entered by this Court, or an additional period of time as set by Order of this Court; and,

4. Providing for such other and further relief as this Court may deem proper under the circumstances set forth herein.


                                                                                                     client name

                                                                                                    Sworn to before me this
____ day of Month, 201__