Central National Bank v. Purdy

—Crew III, J.

Appeal from an order of the Supreme Court (Best, J.), entered April 7, 1997 in Montgomery County, which denied a motion by defendant Joseph Como, Jr. to vacate a judgment entered against him.

On December 13, 1989 defendant Joseph Como, Jr., defendant Frank D. Purdy and Scott Purdy executed a $55,000 note in favor of plaintiff and, simultaneously, a mortgage on certain real property was executed to secure the note. In 1993, Como and the Purdys defaulted on the note, as a result of which plaintiff made a motion for summary judgment in lieu of a complaint against Como and Frank Purdy…