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NASON v. FISHER

36 A.D.3d 486 (2007)

828 N.Y.S.2d 51

HERBERT NASON et al., Appellants-Respondents, v. IVAN STEPHEN FISHER, Respondent-Appellant, and LUCAS ANDINO et al., Respondents.

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

Decided January 16, 2007.

Plaintiffs' motion for a default judgment was properly denied in view of the prior order deeming the answer to the amended complaint served nunc pro tunc, and their failure to appeal therefrom.

There were triable issues of fact with respect to the cause of action for constructive fraud. Plaintiff Herbert Nason testified that he retained these attorneys based not only on a third party's recommendation, but on defendant Fisher...

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