Legal Opinion
Baehre v. Rochester Dental Prosthetics, Inc.
New York Supreme Court
Decided January 21, 1982PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
David O. Boehm, J.
This is an application by Arnold and Lillian Baehre (plaintiffs), as judgment creditors of William Missert to vacate a “payover” order granted pursuant to CPLR 5227 upon two confessions of judgment given by Missert to Nixon, Hargrave, Devans and Doyle (Nixon), his attorneys.
On September 1, 1978, plaintiffs obtained a default judgment against Rochester Dental Prosthetics, Inc., William Missert and Kathleen Missert (defendants), in the sum of $81,778. Shortly thereafter plaintiffs served defendants with a CPLR 5222 (subd [b]) restraining notice. *271Thereafter…
2Cases cited13 opinions
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Wood v. . MitchellNew York Court of Appeals · 1889
- County National Bank v. VogtAppellate Division of the Supreme Court of the State of New York · 1967
- Giryluk v. GirylukAppellate Division of the Supreme Court of the State of New York · 1968
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3Cited by4 opinions
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- Dougherty v. Salty Dog, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Wright v. Gerald Gardner Wright, P.C.Appellate Division of the Supreme Court of the State of New York · 2018