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EVANGELISTA v. SLATT

20 A.D.3d 349 (2005)

800 N.Y.S.2d 384

LOUIS EVANGELISTA, Respondent, v. ABNER SLATT et al., Appellants.

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

July 21, 2005.

In a prior action in Bronx County Supreme Court (the Bronx County action), plaintiff Louis Evangelista sued a former employee of his businesses (Auster) to recover $7 million Auster allegedly had misappropriated. Based on Auster's failure to answer the complaint, Evangelista obtained an order holding Auster in default and directing that the matter be set down for an inquest. Evangelista alleges that, after entry of the default order, he retained defendant attorneys to represent...

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