TD BANK, N.A. v. TURBO GROUP, INC.

2022-06685, Index No. 712869/16.

2024 NY Slip Op 02217

TD BANK, N.A., Respondent, v. TURBO GROUP, INC., Defendant, STEVEN SUCATO, Appellant.

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

Decided April 24, 2024.


Attorney(s) appearing for the Case

Zabell & Collotta, P.C., Bohemia, NY ( Ryan M. Eden of counsel), for appellant.

Sherman Atlas Sylvester & Stamelman LLP, New York, NY ( Anthony C. Valenziano of counsel), for respondent.

Before: Betsy Barros, J.P., Cheryl E. Chambers, Paul Wooten, Lillian Wan, JJ.


DECISION & ORDER

In an action, inter alia, to recover on a guaranty, the defendant Steven Sucato appeals from an order of the Supreme Court, Queens County (Lourdes M. Ventura, J.), dated August 8, 2022. The order denied that defendant's motion, inter alia, in effect, pursuant to CPLR 5015(a)(4) to vacate so much of a judgment of the same court entered March 6, 2017, as, upon his failure to appear or answer the complaint, was in favor of the plaintiff and against...

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