Cadle Co. v. Nunez

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered January 17, 2007, which granted defendant’s cross motion to vacate a 1994 judgment, unanimously reversed, on the law and the facts, with costs, and the judgment reinstated.

*654In 1989, defendant Danny Nunez executed a promissory note in favor of plaintiff’s predecessor-in-interest, Chemical Bank. On his loan application, defendant identified his residence as 463 40th Street in Brooklyn, and he stated that he had been living at that address for 20 years. Nunez defaulted and in 1994, Chemical Bank commenced an action to collect…