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NATL. ENTERS v. CACCIA

172 Misc.2d 857 (1997)

662 N.Y.S.2d 164

National Enterprises, Inc., as Assignee of Resolution Trust Corp., Appellant, v. Paul Caccia, Respondent.

Supreme Court, Appellate Term, First Department.

April 4, 1997

Attorney(s) appearing for the Case

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick and Christine M. Metzner of counsel), for appellant. John J. Phelan, III, P. C., New York City (John J. Phelan, III, of counsel), for respondent.

PARNESS, J. P., McCOOE and FREEDMAN, JJ., concur.

Per Curiam.

Judgment entered December 5, 1995 reversed, with $30 costs, defendant's motion denied, and complaint reinstated. Defendant's time to serve an answer is extended until 20 days after service upon him of this decision and order, with notice of entry.

The issue framed for decision is whether an assignee of a promissory note from the Resolution Trust Corporation (Resolution) is entitled to the benefit of...

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