In Schulz v. Barrows, 263 AD2d 565, affd 94 NY 2d 624, the procedural posture was identical to that presented here. Plaintiff Schulz sought summary Judgment in lieu of complaint based upon a judgment entered on default in the State of Texas. Defendant Barrows sought dismissal on the grounds that the Texas court lacked personal jurisdiction. The court agreed with Barrows' contention that he had not appeared in the action as the default Judgment "unmistakably held that defendant 'had wholly failed to appear'" (Schulz v. Barrows, supra at p 568). Addressing an application in the Texas action by Barrows' New York counsel, who was "not admitted to practice in that State and did not move to appear pro hac vice", the court held that such application "did not constitute an appearance by defendant in the Texas action or waive defendant's right to contest that court's jurisdiction" (Schulz v. Barrows, supra at p 568).