MATTER OF CARUSO v. SCHILINGO


23 A.D.2d 627 (1965)

In the Matter of Anthony Caruso, Doing Business as Caruso Sales Company, Respondent, v. Victor Schilingo, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 26, 1965


Order unanimously reversed, with costs and motion denied, without prejudice to reapply, upon which reapplication, if granted, the County Judge should explore the matter in accordance with the Memorandum.

Memorandum:

The granting of the order appealed from resulted from an improvident exercise of discretion. The defendant judgment debtor defaulted upon a contract with the plaintiff judgment creditor, and he was sued and a money judgment was taken against him...

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