Federated Fin. Corp. of Am. v Forjone Trucking & Excavating, Inc.

Federated Fin. Corp. of Am. v Forjone Trucking & Excavating, Inc. 2015 NY Slip Op 00180 Decided on January 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
1466 CA 14-01051

[*1]FEDERATED FINANCIAL CORPORATION OF AMERICA, AS ASSIGNEE OF ADVANTA BANK CORP., PLAINTIFF-RESPONDENT,

v

FORJONE TRUCKING & EXCAVATING, INC., AND JOHN FORJONE, INDIVIDUALLY, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered September 30, 2013. The order denied the motion of defendants to vacate a default judgment.

THERESA M. SUOZZI, SARATOGA SPRINGS, FOR DEFENDANTS-APPELLANTS.

PLATZER, SWERGOLD, LEVINE, GOLDBERG, KATZ & JASLOW, LLP, NEW YORK CITY (DANIEL B. FIX OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court