OPPENHEIM v. MELNICK


34 A.D.2d 784 (1970)

Alexander I. Oppenheim, Appellant, v. Daniel Melnick et al., Respondents

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

May 4, 1970


Order affirmed insofar as appealed from, with $20 costs and disbursements.

The motion to vacate the default judgment requested such other relief as the court might find proper; and the reargument of the motion explicitly presented to the court the propriety of the amount awarded to plaintiff as his damages. Moreover, the Trial Justice who heard the testimony at the inquest even on his own initiative had the statutory and inherent power to modify the amount of damages...

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