Manufacturers National Bank v. Soltys

This is an appeal from an order of the Amsterdam City Court dated March 16, 1964, vacating a default judgment in the amount of $1,658.49. After obtaining the judgment plaintiff moved to set it aside because, it alleges, it discovered after judgment was entered that the defendants had obtained the loan upon which the judgment is based by means of a false loan application. Failure to allege this in the complaint resulted in a judgment which is dischargeable in bankruptcy and it is this judgment which has been vacated.

The order reads in part as follows: “ Ordered, that in the interests of…