CITIBANK, N. A. v. PORTES


268 A.D.2d 375 (2000)

700 N.Y.S.2d 828

CITIBANK, N. A., Respondent, v. CARLOS P. PORTES et al., Appellants.

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

Decided January 25, 2000.


Defendants failed to show either an excuse for their defaults in responding to plaintiff's motion for summary judgment or a meritorious defense to the complaint insofar as it seeks to recover the amount of an overdraft on defendant Mega's account, which overdraft allegedly arose from an apparent check-kiting scheme perpetrated by defendants. However, we discern no basis for an award of attorneys' fees (see, Mighty Midgets v Centennial Ins. Co., 47...

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