Provost Bros. v. Diamond

OPINION OF THE COURT

Dan Lamont, J.

Defendant-judgment-debtor moves that a default judgment *832entered against him on January 12, 1983 be vacated and the action dismissed. Defendant makes such application under imminent threat of imprisonment for contemptuous and willful failure to comply with installment payment and contempt orders.

After careful consideration, this court holds and determines that the underlying judgment must be vacated to allow defendant the opportunity to answer and defend the claim upon the merits. Although the defendant-judgment-debtor has been guilty of loches and willful…