MARGOLIES v. CHAFFER


40 A.D.2d 791 (1972)

Michael Margolies, Appellant, v. H. Glenn Chaffer, Respondent, and Thomas J. Di Maio, Appellant

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

November 14, 1972


Murphy, J.:

We disagree and do not believe that, under the circumstances of this case, judgment by default should have been granted unconditionally. Pursuant to a written agreement executed in November, 1969, plaintiff Margolies purchased from defendant Chaffer certain shares of stock of a co-operative corporation, together with the proprietary lease applicable thereto. A portion of the purchase price, i.e., $12,500, was deferred and evidenced by two...

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