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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47167 Justice Winslow HOLDING HIMSELF out as a licensed investment broker, defendant received $25,000 that he converted for his own and his family’s use. In his action for fraud, theft and conversion, plaintiff obtained a default judgment against defendant and his wife. The wife sought vacatur of the default judgment under Civil Practice Law and Rules �5015(a)(1). She and her husband submitted affidavits asserting that: the husband converted the funds without his wife’s knowledge; the wife derived no benefit from the funds; and, that the husband falsely assured the wife that he retained counsel to defend them. The court denied vacatur. Citing Colonie Construction Products Inc. v. Titan Indemnity Co., it found that the wife’s reliance upon her husband’s assurance was insufficient to justify her inaction, for 15 months, in the face of at least three notices demonstrating that no attorney was retained and that no defense was raised on her behalf. It also found that the affidavits did not demonstrate a meritorious defense.

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