Tahoe Village Realty, S.A.W. Co. v. DeSmit

OPINION

By the Court, Gabrielli, D. J.:

On February 12, 1976, respondents Hector and Betty De-Smet commenced this action alleging that appellants had engaged in fraud and deceit in the sale of certain real estate. Appellants’ prior counsel withdrew on May 11, 1976, without having filed a responsive pleading. On June 8, 1976, a default judgment was entered against appellants Wykoff, Tahoe Village Realty and S.A.W. Co. On August 26, 1976, a default judgment was entered against appellants Sievers and Alley.

Appellants Wykoff, Alley and Sievers all contacted their substitute, and present, counsel…