H. D. I. DIAMONDS, INC. v. FREDERICK MODELL, INC.


86 A.D.2d 561 (1982)

H. D. I. Diamonds, Inc., et al., Respondents, v. Frederick Modell, Inc., Appellant Frederick Modell, Inc., Appellant, v. H. D. I. Diamonds, Inc., et al., Respondents

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

January 26, 1982


On October 11, 1979 a judgment was entered upon default in favor of plaintiff Modell against defendants H. D. I. and Hampton. One week later, on October 18, 1979, the judgment was paid and a satisfaction thereafter filed. Eleven months later, on September 15, 1980, said defendants moved, by cross motion in a subsequent action in which they appeared as plaintiffs, to vacate their default. Special Term granted the motion. This was error. A judgment which is paid and satisfied...

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