PALAZZO v. HYDE


82 Misc.2d 765 (1975)

Cosmo Palazzo, Plaintiff, v. Eugene Hyde, Defendant.

Supreme Court, Special Term, Oneida County.

February 27, 1975


Attorney(s) appearing for the Case

William D. Ribyat for plaintiff. Helmer, Shaffer & Johnson for defendant.


JOHN R. TENNEY, J.

On January 8, 1955, plaintiff Cosmo Palazzo recovered a judgment against defendant Eugene Hyde, which judgment was docketed on January 24, 1955. On October 26, 1974, the plaintiff died.

This action was commenced by the defendant for an order declaring the judgment invalid because more than 20 years have passed since its entry under CPLR 211 (subd [b]).

CPLR 211 (subd [b]) reads in part: "A money judgment is presumed...

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