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FLEET BUSINESS CREDIT, LLC v. MICHAEL P. COSTELLOE, INC.

19 Misc.3d 29 (2008)

856 N.Y.S.2d 436

FLEET BUSINESS CREDIT, LLC, Appellant, v. MICHAEL P. COSTELLOE, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

January 15, 2008.

Attorney(s) appearing for the Case

Foster & Wolkind, P.C., New York City (Stewart Wolf of counsel), for appellant.

Stein & Stein, Garden City (Melvyn I. Stein of counsel), for respondent.

GOLIA and BELEN, JJ., concur; WESTON PATTERSON, J.P., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In this action to enforce a Michigan judgment entered on default, defendant pleaded two affirmative defenses. Defendant's first affirmative defense was twofold: (1) that the Michigan court did not have personal jurisdiction in the underlying action because defendant is not a citizen of Michigan nor has it ever...

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