CREDIT ACCEPTANCE CORP. v. MILORD

2014-00795

126 A.D.3d 746 (2015)

5 N.Y.S.3d 254

2015 NY Slip Op 01916

CREDIT ACCEPTANCE CORPORATION, Plaintiff, v. ERICH MILORD, Appellant.

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

Decided March 11, 2015.


In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated November 21, 2013, which granted that branch of his unopposed motion which was to vacate a judgment of the same court entered September 26, 2013, upon his failure to appear or answer the complaint, and denied that branch of his unopposed motion which was, in effect, for summary judgment on his proposed counterclaims.

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