CAPRICE IMPS. v. SOC. ACC. DI VIBELLI & C.


27 Misc.2d 983 (1961)

Caprice Imports, Inc., Plaintiff, v. Soc. Acc. Semplice Calzaturificio Vibelsport Di Vibelli & C., et al., Defendants.

Supreme Court, Special Term, New York County.

February 24, 1961


Attorney(s) appearing for the Case

Donner, Kinoy, Perlin & Piel (Sanford M. Katz of counsel) for plaintiff. David A. Botwinik (Fink & Pavia of counsel), for defendant Vibelsport appearing generally, and for the individual defendants appearing specially.


JOSEPH A. GAVAGAN, J.

Plaintiff moves for an order directing the entry of judgment of default on the second cause of action, striking out the first affirmative defense, and for discovery and inspection. Plaintiff appears to argue, on the one hand, that the individual defendants, against whom alone the second cause is directed, have deliberately failed to answer the complaint, purportedly to defeat jurisdiction...

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