CAPITAL ONE BANK v. ERHABOR

2007-1038 K C.

2008 NY Slip Op 51455 (U)

CAPITAL ONE BANK, Respondent, v. SAMUEL A. ERHABOR, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


In this action to recover the principal sum of $1,443.27 for breach of a credit card agreement and based upon an account stated, defendant defaulted in appearing, and a default judgment was entered. Although the judgment was subsequently vacated pursuant to a "so-ordered" stipulation, defendant again defaulted in appearing and moved several times by order to show cause to vacate the default. His applications were successively denied for improper service, for defendant's failure...

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