COUNTY NAT'L BANK v. VOGT


28 A.D.2d 793 (1967)

County National Bank, Respondent, v. Clifton W. Vogt et al., Defendants; Albany Discount Corporation, Appellant

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

June 28, 1967


STALEY, JR., J.

The appellant, a junior judgment creditor of Clifton W. Vogt, moved for an order to vacate a judgment by confession entered by the respondent, County National Bank, in the office of the Clerk of the County of Albany on November 12, 1965 in the amount of $40,000 upon the grounds that the affidavit upon which the judgment was based is insufficient, and substantially varies from the affidavit made on behalf of the County National Bank in...

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