Casimir v. Consumer Home Mortgage Inc.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered September 2, 2008, which denied defendant Cirillo’s motion to vacate a prior default judgment (and orders subsumed therein) entered against him, and either to grant summary judgment dismissing the complaint against him or to restore the action to the trial calendar and disqualify plaintiffs counsel as a necessary witness, unanimously affirmed, with costs.

Cirillo’s claim that he did not receive any correspondence or notices in the mail concerning the litigation is belied by the record and his own sporadic appearances in the…