REYNOLDS v. UNDERWRITERS


44 N.Y.2d 568 (1978)

Reynolds Securities, Inc., Respondent, v. Underwriters Bank and Trust Company, Defendant, and Andre Rostworowski, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Alan Palwick for appellant.

Michael J. McAllister and James J. De Luca for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, and COOKE concur.


FUCHSBERG, J.

The issue on this appeal, seemingly commonplace but a source of more controversy than one would expect, is whether, under the facts in this case, a default judgment, obtained as a result of a willful refusal to comply with discovery orders, was properly entered for the full amount of the ad damnum without the holding of an inquest to assess the damages.

On three separate occasions...

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