P.F.J. LTD. v. MARRACHE

100633/12. Appeal No. 15252. Case No. 2021-03491.

202 A.D.3d 484 (2022)

158 N.Y.S.3d 826

2022 NY Slip Op 00820

P.F.J. Ltd., Plaintiff, v. Uriel Marrache, Appellant. DB Mortgage LLC, Assignee Respondent.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Hegge & Confusione, LLC, New York ( Michael Confusione of counsel), for appellant.

White and Williams LLP, New York ( Thomas E. Butler of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.


Supreme Court providently exercised its discretion in concluding that more than eight years was an unreasonable amount of time for defendant to wait before moving to vacate the default judgment against him. Moreover, the court correctly concluded that the guaranty upon which defendant was sued did not limit his liability to $10,000 but provided that his liability for the tenant's rent obligations was limited to the period when...

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