Famigletti v. Del Terzo

Memorándum Per Curiam.

The cause of action for fraud arising out of the breach of promise to marry upon which the judgment was entered is legally insufficient (Andie v. Kaplan, 288 N. Y. 685; Josephson v. Dry Dock Savings Institution, 292 N. Y. 666; Hecht v. Yarnis, 268 App. Div. 771). The issuance of the body execution, therefore, was without basis.

The judgment, apart from the body execution, was supported by testimony making a prima facie showing of appellant’s failure to repay loans. Appellant not having shown sufficient excuse for his failure to proceed with the trial the lower court did…