WEHRINGER v. BRANNIGAN


232 A.D.2d 206 (1996)

647 N.Y.S.2d 770

Cameron K. Wehringer, Appellant, v. John D. Brannigan, Respondent

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

October 8, 1996


The IAS Court properly granted defendant's motion to vacate the default judgment (CPLR 5015 [a] [1]) where defendant demonstrated the existence of a meritorious defense as well as a reasonable excuse for his default. However, on our own motion, we dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7). In our view this action, seeking recovery of attorney's fees for services rendered which resulted in disbarment, is precluded for the reasons...

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