North Fork Bank & Trust Co. v. Food Quotes, Inc.

Appellate Division of the Supreme Court of New York

North Fork Bank & Trust Co. v. Food Quotes, Inc.

126 A.D.2d 613, 511 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 41748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 1987

StatusPublished

This text of 126 A.D.2d 613 (North Fork Bank & Trust Co. v. Food Quotes, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Fork Bank & Trust Co. v. Food Quotes, Inc., 126 A.D.2d 613, 511 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 41748 (N.Y. Ct. App. 1987).

Pincite

Opinion

In an action on a written guarantee of payment, the defendant Frank Piccolo appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered August 7, 1985, which, upon the denial of his motion to vacate his default, is in favor of the plaintiff and against him in the sum of $14,158.

Ordered that the judgment is affirmed, with costs.

The appellant failed to demonstrate the existence of a meritorious defense to the unconditional and continuing per[614]*614sonal guarantee which he executed in favor of the plaintiff bank. Accordingly, Special Term did not abuse its discretion in denying the appellant’s motion to vacate his default and in awarding judgment in the plaintiff’s favor. Mollen, P. J., Weinstein, Eiber and Spatt, JJ., concur.

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In an action on a written guarantee of payment, the defendant Frank Piccolo appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered August 7, 1985, which, upon the denial of his motion to vacate his default, is in favor of the plaintiff and against him in the sum of $14,158.

Ordered that the judgment is affirmed, with costs.

The appellant failed to demonstrate the existence of a meritorious defense to the unconditional and continuing per[614]*614sonal guarantee which he executed in favor of the plaintiff bank. Accordingly, Special Term did not abuse its discretion in denying the appellant’s motion to vacate his default and in awarding judgment in the plaintiff’s favor. Mollen, P. J., Weinstein, Eiber and Spatt, JJ., concur.

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Bluebook (online)

126 A.D.2d 613, 511 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 41748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-fork-bank-trust-co-v-food-quotes-inc-nyappdiv-1987.