Waldman v. Nass

Appellate Division of the Supreme Court of New York

Waldman v. Nass

51 A.D.2d 789, 379 N.Y.S.2d 485, 1976 N.Y. App. Div. LEXIS 11357

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 1976

StatusPublished

This text of 51 A.D.2d 789 (Waldman v. Nass) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waldman v. Nass, 51 A.D.2d 789, 379 N.Y.S.2d 485, 1976 N.Y. App. Div. LEXIS 11357 (N.Y. Ct. App. 1976).

Pincite

Opinion

In anaction to recover damages for fraud and for moneys had and received, defendant appeals from an order of the Supreme Court, Nassau County, entered November 14, 1975, which denied his motion inter alia to vacate a default judgment entered on the cause of action for moneys had and received. Order affirmed, with $50 costs and disbursements. We note that plaintiff is entitled to recover only one judgment, not to exceed $10,000, on both causes of action. Should he succeed in recovering a judgment on the first cause of action, for fraud, it will merge with the July 9, 1975 judgment for $10,000 entered on the second cause of action for moneys had and received. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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In anaction to recover damages for fraud and for moneys had and received, defendant appeals from an order of the Supreme Court, Nassau County, entered November 14, 1975, which denied his motion inter alia to vacate a default judgment entered on the cause of action for moneys had and received. Order affirmed, with $50 costs and disbursements. We note that plaintiff is entitled to recover only one judgment, not to exceed $10,000, on both causes of action. Should he succeed in recovering a judgment on the first cause of action, for fraud, it will merge with the July 9, 1975 judgment for $10,000 entered on the second cause of action for moneys had and received. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 789, 379 N.Y.S.2d 485, 1976 N.Y. App. Div. LEXIS 11357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldman-v-nass-nyappdiv-1976.