Federal Deposit Insurance v. Schwartz

In an action to recover on a guarantee of payment of a note, plaintiff appeals from so much of an order of the Supreme Court, Suffolk Court (Luciano, J.), dated January 23, 1985 and amended on November 1, 1985, as granted defendant’s motion to vacate a judgment of the same court entered January 16, 1981.

Order, as amended, reversed, insofar as appealed from, on the law and as a matter of discretion in the interest of justice, with costs, motion granted only to the extent of vacating the second decretal paragraph of the judgment dated January 16, 1981, and matter remitted to the Supreme Court,…