D'Alacio v. Intercontinental Bank

Diogenes D’Alacio appeals from an order denying his motion to vacate a default and final judgment. For the following reasons, we reverse.

In May, 1987, D’Alacio sued Intercontinental Bank for breach of implied warranty and conversion arising from the bank’s allegedly fraudulent completion of a guaranty which D’Alacio had signed in blank. Intercontinental answered and counterclaimed to enforce the guaranty which was the very subject of D’Alacio's claims of conversion and breach of warranty.

In February, 1988, D’Alacio substituted counsel. His previous attorney forwarded the case file in early…