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MEAD v. FIRST TRUST

60 A.D.2d 71 (1977)

In the Matter of Donald H. Mead, as Administrative Judge of The Fifth Judicial District, Appellant, v. First Trust & Deposit Company et al., Respondents

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

December 9, 1977

Attorney(s) appearing for the Case

James M. Baker for appellant.

Hiscock, Lee, Rogers, Henley & Barclay (George Deptula of counsel), for First Trust & Deposit Company, respondent.

Crystal, Manes & Rifken, P. C. (Kenneth Whitelaw of counsel), respondent pro se.

New York State Bankers Association (John Leferovich, Jr., of counsel), amicus curiae.

MARSH, P. J., SIMONS and DENMAN, JJ., concur, HANCOCK, JR., J., not participating.

WITMER, J.

The principal question presented on this appeal is whether the petition states a cause of action for the court to invoke its authority to vacate default judgments which include awards for attorneys' fees, when the judgments were entered by court clerks without application to the court and without quantum meruit proof of the value of the legal services rendered.

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