SIMMONS v. MERCER


146 A.D.2d 833 (1989)

Milo E. Simmons, Respondent, v. S. Hal Mercer, IV, Appellant

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

January 5, 1989


Yesawich, Jr., J.

Plaintiff's complaint asserts causes of action stemming from defendant's alleged conversion of plaintiff's tax records; the conversion ostensibly occurred when, in the course of forcing plaintiff's accountant to vacate defendant's building, defendant seized those records. Defendant, an attorney, did not serve his answer until more than three months after the complaint had been served. In the meantime, plaintiff moved for a default judgment...

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