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ESGRO CAPITAL MGT., LLC v. BANKS

Index No. 570073/22 Appeal No. 1080&M-04642 Case No. 2022-05688.

222 A.D.3d 433 (2023)

201 N.Y.S.3d 33

2023 NY Slip Op 06312

Esgro Capital Management, LLC, as Successor in Interest to Taylor Business Institute, Respondent, v. Sharae Banks, Appellant.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( Owen Fullerton Roberts of counsel), for appellant.

Steven Grodensky, P.C., New York ( David De Andrade of counsel), for respondent.

Letitia James, Attorney General, New York (Kwame N. Akosah of counsel), for State of New York, amicus curiae.

St. Vincent DePaul Legal Program, Inc., Consumer Justice for the Elderly: Litigation Clinic, St. John's University School of Law, Jamaica (Gina M. Calabrese of counsel), for Camba Legal Services Inc., Fordham Law School Feerick Center for Social Justice, Legal Services NYC, Legal Services of the Hudson Valley, Mobilization for Justice, New York Legal Assistance Group, and St. Vincent De Paul Legal Program, Inc., Consumer Justice for the Elderly: Litigation Clinic, St. John's University School of Law, amici curiae.

Concur—Webber, J.P., Singh, Friedman, Mendez, Rosado, JJ.

Order of the Appellate Term of the Supreme Court of the State of New York, First Department (Hagler, J.P., Tisch, Michael, JJ.), entered on or about June 21, 2022, which, insofar as appealed from as limited by the briefs, affirmed an order of Civil Court, New York County (Matthew P. Raso, J.), entered on or about December 7, 2020, denying, based on a finding of waiver, defendant's motion pursuant to CPLR 5015(a)(4) to vacate a default judgment entered against her and to dismiss...

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