BARONE v. COX


51 A.D.2d 115 (1976)

Michael Barone, Respondent, v. Kevin Cox, as Administrator C. T. A. of Estate of Lillian D. Pierce, Deceased, Appellant

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

February 20, 1976


Attorney(s) appearing for the Case

Offermann, Fallon, Mahoney & Cassano (Leo J. Fallon of counsel), for appellant.

Eugene C. Tenney for respondent.

MOULE, J.P., CARDAMONE, SIMONS and DILLON, JJ., concur.


WITMER, J.

On this appeal from an order denying a motion to vacate a default judgment we are again called upon to state the duty of a creditor upon suing and entering judgment against an alleged debtor who the creditor knows or has reason to believe is incapable of protecting her interests. The judgment, in the sum of $10,034, was entered on June 11, 1970 against Lillian D. Pierce, defendant, who died on December...

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