Legal Opinion

Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.

New York Court of Appeals

Decided June 13, 1978PublishedCited by 115 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

The issue on this appeal, seemingly commonplace but a source of more controversy than one would expect, is whether, under the facts in this case, a default judgment, obtained as a result of a willful refusal to comply with discovery orders, was properly entered for the full amount of the ad damnum without the holding of an inquest to assess the damages.

On three separate occasions, the defendant, Andre Rostworowski, placed an order with the plaintiff, Reynolds Securities, Inc., a national brokerage firm, to sell shares of a particular stock for his account.…

2Cases cited17 opinions

  1. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  2. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  3. James v. PowellNew York Court of Appeals · 1967
  4. In re the Estate of RothkoNew York Court of Appeals · 1977
  5. McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930

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3Cited by115 opinions

  1. Kihl v. PfefferNew York Court of Appeals · 1999
  2. Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
  3. Tewari v. TsoutsourasNew York Court of Appeals · 1989
  4. Zletz v. WetansonNew York Court of Appeals · 1986
  5. Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985

110 more not listed; retrieve them via the Exa API.

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