LVNV FUNDING LLC v. PARHAM

2007-899 N C.

2008 NY Slip Op 51548 (U)

LVNV FUNDING LLC A/P/O SEARS, Respondent, v. RANDOLPH S. PARHAM A/K/A RANDOLPH BROWN, Appellant.

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

Decided July 10, 2008.


In this action seeking to recover the balance due on a credit card account, a default judgment was entered against defendant in the sum of $11,910.24. Defendant's motion to vacate the default judgment was denied by the court below, and the instant appeal by defendant ensued.

A review of the record on appeal indicates that defendant failed to establish that he did not receive notice of the action in time to defend so as to come within the purview of CPLR 317 (see...

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