Citibank, N.A. v. McGarvey
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Eric N. Vitaliano, J.
The underlying action is one for a sum certain on an account stated. Plaintiff Citibank, N.A., as successor in interest to European American Bank, claims it provided defendant Robert McGarvey with a sum of money which McGarvey did not repay when demanded. The summons and complaint was filed in this court on May 7, 2002. On August 6, 2002, a clerk’s judgment was entered, without any judicial intervention, in the amount of $5,281.15.
McGarvey now moves by order to show cause to open his default and set aside the judgment entered against him. In addition…
2Cases cited16 opinions
- Boone v. LightnerSupreme Court of the United States · 1943
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- Hart, Nininger & Campbell Associates v. RogersConnecticut Appellate Court · 1988
- Earle v. ValenteAppellate Division of the Supreme Court of the State of New York · 2003
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