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LINCOLN ROCHESTER TR. v. HOWARD

75 Misc.2d 181 (1973)

Lincoln Rochester Trust Co., Now Known as Lincoln First Bank of Rochester, Plaintiff, v. Eddie J. Howard, Defendant.

City Court of Rochester.

April 10, 1973

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John D. Witmeyer of counsel), for plaintiff. John J. Capowski for defendant.

CARL R. SCACCHETTI, JR., J.

Defendant in the above-entitled action seeks to vacate or in the alternative reopen a default judgment obtained by the plaintiff December 18, 1969.

The basis of defendant's contention is that he was not notified of the deficiency judgment and further that the plaintiff failed to comply in toto with section 9-504 (subd. [3]) of the Uniform Commercial Code. In answer, plaintiff states that CPLR 317 requires a meritorious...

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