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MAROSCIA v. PASTORE

245 A.D.2d 2 (1997)

666 N.Y.S.2d 405

Nicolas Maroscia, Respondent, v. Philip Pastore, Appellant, et al., Defendants

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

December 2, 1997

There is no merit to defendant's claim that the default judgment should be vacated because of plaintiff's fraud or misrepresentation. While plaintiff's affidavit of merit on his motion for a default judgment did erroneously state that payments on the subject promissory note were to commence on June 1, 1991 instead of February 1, 1990, defendant failed to establish that this error was intentional. The note had been issued on May 1...

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