City of Albany Industrial Development Agency v. Garg

Peters, J. P.

Appeal from an order of the Supreme Court (Malone, Jr., J.), entered October 28, 1998 in Albany County, which granted plaintiffs motion to compel defendants to make installment payments in the amount of $1,000 per month.

Defendants Jagadish Garg and Pushpa Garg (hereinafter collectively referred to as defendants), along with defendant P & JG Enterprises, Inc.,* were guarantors of a mortgage note held by plaintiff. An action was commenced pursuant to CPLR 3213 to collect on the note. Defendants’ attorney failed to serve answering papers or appear, prompting Supreme Court (Kahn, J.)…