HIS INACTION “EVIDENCED A WILLINGNESS TO ACCEDE” TO THE JUDGMENT’S TERMS
When B. failed to honor the terms of his credit card agreement, U.S. Equities filed suit in the City Court of New Rochelle seeking to recover $5,963.80. And when B defaulted, the creditor sought a default judgment, which was entered July 31, 2006.
When an income execution was later served, in August 2008, B. requested a copy of the pleadings and the judgment. And, again, in April 2016, an attorney for B. requested the same materials. Yet, it wasn’t until April 2022, that B. made a motion to vacate the judgment. And after that motion was denied, he appealed.
Because he waited some 14 years from when his employer was served with the income execution to seek relief, the Appellate Term, Second Department, was of the view that the inordinate delay “evidenced a willingness to accede to the terms of the judgment.” Because he had been “dilatory” in asserting his right, the appellate court left the outcome undisturbed.
He certainly got no credit there.
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DECISION