Famigletti v. Del Terzo

Defendant seeks to vacate the judgment of $1,664.35 entered against him on March 12, 1945, after inquest upon the grounds (1) that the default of the defendant at the time of trial was not willful and intentional but rather was induced and procured by the false representation of the plaintiff that she would instruct her attorney to discontinue the action and (2) that the defendant has a meritorious defense in that he can prove that he owes the plaintiff only the sum of $70. The showing made by the defendant to prove the default not willful and intentional, as well as the defendant’s showing…