Plaintiff entered $2,571,204 judgment after inquest based on defendants’ default granted upon defendants’ failure to proceed to trial. Defendants discharged their counsel and never substituted new counsel prior to the scheduled trial. Defendants subsequently moved to vacate the judgment. Motion was denied on the finding the defendants’ failure to proceed to trial was intentional and not the result of excusable neglect.Download PDF Adam Realty v. Boymelgreen
Sole heir of a client and representative of the estate sued the decedent’s accountant for malpractice and conversion. The plaintiff failed to schedule the claim as an asset in his Chapter 7 bankruptcy petition or in his Probate petition. The bankruptcy was later dismissed without a final determination. The Appellate Division held plaintiff was not estopped to assert the claim because the bankruptcy did not end in a final judgment and the creditors of the estate were aware of the claim.Download PDF Morton v. Rifkin
This is a landmark decision. Sub-contractor sued owner of premises for unpaid charges. Owner brought third-party complaint against general contractor claiming violations of RICO in the submission of inflated invoices to owner. In a case of first impression, the Court of Appeals ruled that state courts have concurrent jurisdiction with the federal courts to entertain claims alleging civil RICO violations.Download PDF Simpson Electric Corp. v. Leucadia, Inc.