The default of defendant Hancock was admittedly intentional. In the absence of an adequate excuse therefor and a clear demonstration of underlying fraud in the obtaining of the default judgment, proof of which is lacking here, vacatur of that judgment by the order of June 24, 1977 was an improper exercise of discretion. We note that subsequent to obtaining the default judgment against Hancock, plaintiff, in attempting to collect upon
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OPPENHEIMER v. WESTCOTT
64 A.D.2d 586 (1978)
Norman B. Oppenheimer, Appellant, v. Jeffrey P. Westcott et al., Defendants, Hancock Securities Corporation, Respondent-Appellant, and Harold P. Bernstein et al., Intervenors-Respondents-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
July 20, 1978
July 20, 1978
Appellate Division of the Supreme Court of the State of New York, First Department.
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