Barone v. Cox
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWitmer, J.
On this appeal from an order denying a motion to vacate a default judgment we are again called upon to state the duty of a creditor upon suing and entering judgment against an alleged debtor who the creditor knows or has reason to believe is incapable of protecting her interests. The judgment, in the sum of $10,034, was entered on June 11, *1161970 against Lillian D. Pierce, defendant, who died on December 26, 1972. The Public Administrator for Erie County, Kevin D. Cox, was appointed administrator c.t.a. of her estate, apparently in early 1975, and he promptly moved to vacate the judgment.
The…
2Cases cited11 opinions
- Sengstack v. SengstackNew York Court of Appeals · 1958
- Wurster v. . ArmfieldNew York Court of Appeals · 1903
- Prude v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Probate of Last Will of BonesteelAppellate Division of the Supreme Court of the State of New York · 1962
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1957
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3Cited by12 opinions
- Sarfaty v. SarfatyAppellate Division of the Supreme Court of the State of New York · 1981
- In Re the Marriage of TeschMontana Supreme Court · 1982
- Palaganas v. D.R.C. Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Parras v. RicciardiCivil Court of the City of New York · 2000
- Citibank, N.A. v. GrantAppellate Division of the Supreme Court of the State of New York · 2005
7 more not listed; retrieve them via the Exa API.