Legal Opinion

Fusco v. Malcolm

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1975PublishedCited by 10 opinions

1Opinion of the Court

—Appeal from an order of the Supreme Court at Special Term, entered April 22, 1975 in Schenectady County, which vacated a default judgment taken by the plaintiff against the defendant. Plaintiff and defendant were partners in the operation of a bar and restaurant business, and plaintiff commenced this action for an accounting and for damages suffered by reason of an alleged breach of a fiduciary duty. Service of the summons and complaint was completed on November 25, 1974. On January 22, 1975 a *686default judgment was entered against the defendant and a hearing scheduled for the ascertainment of…

2Cases cited3 opinions

  1. Wall v. BennettAppellate Division of the Supreme Court of the State of New York · 1969
  2. Callahan Hydraulics, Inc. v. Mechanical Man Car Wash Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Jolicoeur v. Clinton Co-operative InsuranceAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by10 opinions

  1. Capellino Abattoir, Inc. v. LiebermanAppellate Division of the Supreme Court of the State of New York · 1977
  2. Marine Midland Bank v. TookerAppellate Division of the Supreme Court of the State of New York · 1980
  3. Spickerman v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  4. Keith v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1977
  5. Hanover Sand & Gravel, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1978

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