Benadon v. Antonio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Defendant, an Argentinian, appeals from an order denying his application to vacate a default judgment r the amount of $1,434,924.35 and to require plaintiff, pending the determination of the action, to deposit with the court the sum of $141,828.85 which was attached and then levied upon under the default judgment.
Special Term denied defendant’s application primarily on the ground that the default was willful, intentional and deliberate. This finding cannot be sustained, but the order should nevertheless, in this respect, be affirmed because defendant has failed to demonstrate adequately that…
2Cases cited15 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
- Stewart v. EatonMichigan Supreme Court · 1939
- Rothschild v. HavilandAppellate Division of the Supreme Court of the State of New York · 1916
- Combs v. CombsCourt of Appeals of Kentucky (pre-1976) · 1933
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- Brettschneider v. BrettschneiderAppellate Division of the Supreme Court of the State of New York · 1976
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