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Portfolio Recovery Assocs., LLC v. Nofal

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Jan 16, 2020
66 Misc. 3d 137 (N.Y. App. Term 2020)

Opinion

2018-2013 W C

01-16-2020

PORTFOLIO RECOVERY ASSOCIATES, LLC, as Proxy of GE Money Bank, Respondent, v. Abdelnaser NOFAL, Also Known as Abdelnasset Nofal, Appellant.

Abdelnaser Nofal, a/k/a Abdelnasset Nofal, appellant pro se. Forster & Garbus, LLP, for respondent (no brief filed).


Abdelnaser Nofal, a/k/a Abdelnasset Nofal, appellant pro se.

Forster & Garbus, LLP, for respondent (no brief filed).

PRESENT: TERRY JANE RUDERMAN, J.P., THOMAS A. ADAMS, BRUCE E. TOLBERT, JJ

ORDERED that the amended order entered August 30, 2018 is reversed, without costs, the branch of defendant's motion seeking to, in effect, vacate the order dated June 27, 2018 is granted, and the matter is remitted to the City Court for a new determination, following a traverse hearing, of the branch of defendant's motion seeking to grant his prior motion to vacate the default judgment.

For the reasons stated in Portfolio Recovery Assoc., LLC v. Nofal (––– Misc 3d ––––, 2020 NY Slip Op _____ [appeal No. 2018-2012 W C], decided herewith), the amended order entered August 30, 2018 is reversed, the branch of defendant's motion seeking to, in effect, vacate the order dated June 27, 2018 is granted, and the matter is remitted to the City Court for a new determination, following a traverse hearing, of the branch of defendant's motion seeking to grant his prior motion to vacate the default judgment.

RUDERMAN, J.P., ADAMS and TOLBERT, JJ., concur.


Summaries of

Portfolio Recovery Assocs., LLC v. Nofal

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Jan 16, 2020
66 Misc. 3d 137 (N.Y. App. Term 2020)
Case details for

Portfolio Recovery Assocs., LLC v. Nofal

Case Details

Full title:Portfolio Recovery Associates, LLC, as Proxy of GE Money Bank, Respondent…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Jan 16, 2020

Citations

66 Misc. 3d 137 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 50065
120 N.Y.S.3d 702