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CITIBANK v. MCGARVEY

196 Misc.2d 292 (2003)

765 N.Y.S.2d 163

CITIBANK, N.A., as Successor to EUROPEAN AMERICAN BANK, Plaintiff, v. ROBERT MCGARVEY, Defendant.

Civil Court, Richmond County.

May 5, 2003.

Attorney(s) appearing for the Case

Robert McGarvey, defendant pro se.

Mullen & Iannarone, P.C., Smithtown (Francis E. Mullen of counsel), for plaintiff.

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...

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