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APPLE BANK FOR SAV. v. MEHTA

202 A.D.2d 339 (1994)

609 N.Y.S.2d 221

Apple Bank for Savings, Respondent, v. Mukesh Mehta, Defendant, and Harendra Mehta, Appellant

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

March 22, 1994

Inasmuch as plaintiff's delay in settling the judgment was brief and its excuse reasonable, it was not an abuse of discretion for the IAS Court to excuse the noncompliance with 22 NYCRR 202.48 (cf., Garcia v New York City Tr. Auth., 193 A.D.2d 414). That the rate of interest was not specifically set forth in the note does not render it any the less an instrument for the payment...

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