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STEWARD v. KATCHER

283 A.D. 50 (1953)

Clifford Steward et al., Appellants, v. Monroe I. Katcher, II, Respondent, et al., Defendants

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

December 8, 1953.

Attorney(s) appearing for the Case

Mortimer G. Levine for appellants.

Darwin W. Telesford of counsel (Monroe I. Katcher, II, in person, with him on the brief), for Monroe I. Katcher, II, respondent.

PECK, P. J., DORE, COHN and CALLAHAN, JJ., concur.

BOTEIN, J.

This is an action to set aside and cancel of record three separate confessions of judgment on the ground that the confessions and the judgments entered thereon were procured by defendants' fraud. Plaintiffs moved for judgment on the pleadings, asserting that defendant Katcher's answer made the jurisdictionally fatal admission that the confessions were filed in a county other than the one specified in...

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