| Chase Bank, USA, N.A. v Haq |
| 2009 NY Slip Op 51079(U) [23 Misc 3d 143(A)] |
| Decided on May 28, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Alice
Fisher Rubin, J.), entered October 3, 2007. The order denied defendant's motion to vacate a
judgment entered pursuant to a stipulation of settlement.
Order affirmed without costs.
In this action to recover a sum due pursuant to a credit card agreement, defendant moved to vacate a judgment which had been entered pursuant to a stipulation as a result of defendant's failure to comply with the stipulation. The Civil Court denied defendant's motion, and the instant appeal ensued.
On appeal, defendant argues that his default was de minimis and that plaintiff also failed to comply with the terms of the stipulation. Said contentions were not raised in defendant's moving papers and are, in any event, without merit. Further, although defendant contends otherwise, plaintiff complied with the notice requirements set forth in the stipulation. Accordingly, the order is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: May 28, 2009