CONLIN v. SPATH


75 A.D.2d 1019 (1980)

Walter R. Conlin, Respondent, v. Terry Spath, Appellant

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

May 23, 1980


Order unanimously reversed, with costs, and motion granted.

Memorandum:

Defendant moves to vacate a default judgment against him by which plaintiff was awarded damages for injuries sustained in a barroom assault. In his moving papers, defendant alleges that rather than being the aggressor he was the victim in the brawl and acted only in self-defense. When sued, he retained an attorney who submitted an answer on his behalf and took various pretrial steps in...

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