BERKSHIRE BANK v. MIRABELLA


200 A.D.2d 530 (1994)

606 N.Y.S.2d 675

Berkshire Bank, Respondent, v. Joseph A. Mirabella, III, Appellant

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

January 25, 1994


Defendant did not establish a reasonable excuse for his inaction in failing to answer the July 1992 summons and complaint or to move against the September 1992 default judgment until late February 1993. We also note that plaintiff has submitted sufficient evidence, in the form of monthly bank statements and correspondence to defendant, which shows that defendant was both a party to the loan and was aware of the specifics of this agreement. Defendant has not submitted any...

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