CHASE MANHATTAN v. KASSAM


167 Misc.2d 933 (1996)

640 N.Y.S.2d 1001

Chase Manhattan Bank, U.S.A., N.A., Plaintiff, v. Gulzar E. Kassam, Also Known as Guezar E. Kassam, Defendant.

Civil Court of the City of New York, New York County.

March 26, 1996


Attorney(s) appearing for the Case

Gulzar E. Kassam, defendant pro se. Mitchell N. Kay for plaintiff.


MICHAEL D. STALLMAN, J.

Defendant moves for an order directing repayment of money paid on a subsequently vacated default judgment.

Is restitution available by postaction motion, or does it require a new plenary action? Is the relief sought barred, either by defendant's failure to request it when moving to vacate the original default, or by the later arbitration decision which stated that it was res...

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