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eBook details

• Title: Meyer A. Kahn v. Julian Stamp Et Al.
• Author : Supreme Court of New York
• Release Date : January 15, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

[52 A.D.2d 748 Page 748] Order unanimously reversed, without costs, and motion granted upon condition that defendants' attorney pay plaintiff a penalty of $250. Memorandum: This action, to recover interest payments alleged due from a retirement plan, was commenced by service of a summons and complaint in July, 1974. An answer was interposed denying the allegations in the complaint and pleading affirmative defenses of estoppel, waiver and payment. On October 16, 1974 plaintiff served a demand for written interrogatories upon defendants and on December 16, 1974, upon defendants' failure to comply with the demand, a 20-day conditional order of preclusion was obtained. The order provided for the entry of default judgment upon defendants' failure to furnish the interrogatories. It was served on December 23, 1974. Thereafter, on January 16, 1975 plaintiff, fearing possible dissipation of the fund assets, moved for a preliminary injunction. Defendants opposed the motion and posted bond in the amount of $7,000 to secure [52 A.D.2d 748 Page 749]

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