Abraham Steinbrecher, Doing Business as Good Friend Auto Sales v. Harold Wapnick

Summary

The New York Court of Appeals reversed the Special Term's default judgment against defendant Wapnick, holding that his prior statements did not waive his constitutional privilege against self‑incrimination and that the default judgment was therefore improper. The court reinstated the defendant's answer and ordered that he be examined before trial. A dissent argued that the defendant's earlier affidavits constituted a waiver and that the default judgment should be affirmed.