NORTH v. OSTROW


309 A.D.2d 1109 (2003)

766 N.Y.S.2d 390

HARRY NORTH, Respondent, v. SONNY G. OSTROW, Appellant.

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

Decided October 30, 2003.


Kane, J.

In October 1994, defendant borrowed $35,000 from plaintiff and executed a promissory note evidencing the debt. In May 2000, after defendant failed to repay the loan by the maturity date, plaintiff commenced an action seeking to recover the loan amount plus costs and interest. In June 2000, defendant was personally served with a copy of the summons and complaint at her residence in Florida. As the result of her failure to appear, plaintiff obtained a default...

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