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PELLATON v. BANK OF NEW YORK

592 A.2d 473 (1991)

Charles M. PELLATON, Defendant Below, Appellant, Cross-Appellee, v. The BANK OF NEW YORK, a New York banking corporation, assignee of the Bank of New York (Delaware), a Delaware banking corporation, Plaintiff Below, Appellee, Cross-Appellant.

Supreme Court of Delaware.

Decided May 13, 1991.

Attorney(s) appearing for the Case

Samuel J. Frabizzio, Wilmington, for appellant, cross-appellee.

Max S. Bell, Jr. (argued), and Scott J. Finkelstein of Richards, Layton and Finger, Wilmington, for appellee, cross-appellant.

Before CHRISTIE, C.J., HORSEY and HOLLAND, JJ.

HOLLAND, Justice:

This action originated in the Superior Court when, pursuant to Superior Court Civil Rule 58.1, The Bank of New York ("BNY")1 requested the Prothonotary's Office to commence proceedings to confess two judgments on its behalf against Charles Pellaton ("Pellaton"). Pellaton objected to the entry of both judgments. Therefore, the Superior Court held hearings to determine if Pellaton...

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