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WALSTON & CO. v. KLEIN

44 Misc.2d 607 (1964)

Walston & Co., Inc., Plaintiff, v. Ernest Klein, Defendant. Walston & Co., Inc., Plaintiff, v. Ernest Klein et al., Defendants.

Supreme Court, Special Term, New York County.

October 5, 1964

Attorney(s) appearing for the Case

Jackson, Nash, Brophy, Barringer & Brooks (Sherman J. Saxl of counsel), for plaintiff. Teperman, Ecker, Fried & Cohen (Simon B. Gluck of counsel), for Ernest Klein, defendant.

ABRAHAM N. GELLER, J.

Motions Nos. 35 and 36 of August 18, 1964 are consolidated. Defendant Klein has moved to vacate a default judgment "upon the ground of A) newly discovered evidence, B) latent fraud, and C) in the interests of substantial justice." Plaintiff has cross-moved for an order enjoining said defendant from further litigating this matter and transaction upon the ground that the subject matter of this litigation has been conclusively determined...

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