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BAEHRE v. ROCHESTER DENTAL

112 Misc.2d 270 (1982)

Arnold L. Baehre et al., Plaintiffs, v. Rochester Dental Prosthetics, Inc., et al., Defendants. Francis E. Kenny, Petitioner, v. Florence Missert, as Executrix of Francis Labin, Deceased, Respondent.

Supreme Court, Erie County.

January 21, 1982

Attorney(s) appearing for the Case

Labin & Buffomante (Thomas S. Labin of counsel), for Arnold L. Baehre and another, plaintiffs. Nixon, Hargrave, Devans & Doyle (D. Bruce Kratz of counsel), petitioner pro se.

DAVID O. BOEHM, J.

This is an application by Arnold and Lillian Baehre (plaintiffs), as judgment creditors of William Missert to vacate a "payover" order granted pursuant to CPLR 5227 upon two confessions of judgment given by Missert to Nixon, Hargrave, Devans and Doyle (Nixon), his attorneys.

On September 1, 1978, plaintiffs obtained a default judgment against Rochester Dental Prosthetics, Inc., William Missert and Kathleen Missert (defendants...

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