Appellate Division of the Supreme Court of the State of New York October 17, 1983 (Bank of New York v. Schwab)

In an action to recover damages for, inter alia, fraud, defendant Breining appeals (1) from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated October 5, 1982, which granted plaintiff’s motion for leave to enter a default judgment against him, and (2) as limited by his brief, from so much of an order of the same court, dated December 14, 1982, as, upon reargument, adhered to its