Summary
In Bartolini, the Court found there was waiver and thus affirmed denial of vacatur where the defendant, in addition to allowing the garnishment for 3 years before filing the motion to vacate, and that defendant's counsel had corresponded with plaintiff 6 years prior to the motion to vacate, and requested a settlement proposal.
Summary of this case from Esgro Capital Mgmt. v. BanksOpinion
03-14-2024
U.S. EQUITIES CORP., Respondent, v. John Anthony BARTOLINI, Appellant.
Appeal from an order of the City Court of New Rochelle, Westchester County (Eileen Songer McCarthy, J.), entered May 13, 2022. The order denied defendant’s motion to vacate a judgment entered July 31, 2006 upon defendant’s failure to appear or answer the complaint, and, upon such vacatur, to dismiss the complaint.
Affirmed