BUFFALO DOWNTOWN GARAGE, INC. v. WINFIELD ASSOCS., INC.


42 A.D.2d 820 (1973)

Buffalo Downtown Garage, Inc., Appellant-Respondent, v. Winfield Associates, Inc., et al., Respondents-Appellants

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

July 6, 1973


Order unanimously affirmed, with costs.

Memorandum:

Following the taking of proofs Supreme Court, Erie County granted an order awarding $700 damages and $20,000 punitive damages in favor of plaintiff against nonresident Illinois defendants who had defaulted in answering. The defendants subsequently moved to reopen the default judgment and a Special Term Justice, other than the one who had heard the evidence and awarded the damages, granted the motion. Such...

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