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THE CADLE COMPANY v. NUNEZ

43 A.D.3d 653 (2007)

841 N.Y.S.2d 291

THE CADLE COMPANY, as Assignee of CHEMICAL BANK, Appellant, v. DANNY NUNEZ, Respondent.

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

Decided September 6, 2007.

In 1989, defendant Danny Nunez executed a promissory note in favor of plaintiff's predecessor-in-interest, Chemical Bank. On his loan application, defendant identified his residence as 463 40th Street in Brooklyn, and he stated that he had been living at that address for 20 years. Nunez defaulted and in 1994, Chemical Bank commenced an action to collect on the note. A summons and complaint were allegedly served on Nunez by personal...

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