Legal Opinion
Portfolio Recovery Associates, LLC v. Ploski
New York Supreme Court
Decided April 10, 2012Published
1Opinion of the Court
OPINION OF THE COURT
William J. Giacomo, J.
Factual and Procedural Background
Plaintiff commenced this action on May 28, 2010 seeking to recover $3,734.63 pursuant to a revolving credit card agreement. Defendant was served, pursuant to CPLR 308 (4), on June 16, 2010. Thereafter, on June 28, 2010, plaintiff filed the affidavit of service in Yonkers City Court rather than with the Westchester County Clerk as required by the CPLR. Defendant neither answered nor appeared by July 16, 2010 and, thus, defaulted in appearing in this action.
In the fall of 2010, plaintiff attempted to obtain a default…
2Cases cited7 opinions
- Giglio v. NTIMP Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Perricone v. City of New YorkNew York Court of Appeals · 1984
- Myers v. SlutskyAppellate Division of the Supreme Court of the State of New York · 1988
- Ewart v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997
- Employers Liability Assurance Corp. v. Zolfo Merchandising, Inc.Civil Court of the City of New York · 1970
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