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SLIMANI v. CITIBANK, N.A.

47 A.D.3d 489 (2008)

849 N.Y.S.2d 541

MAJID SLIMANI et al., Plaintiffs, v. CITIBANK, N.A., Defendant and Third-Party Plaintiff-Respondent. XAVIER DELAGRANGE, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 17, 2008.

The judgment was based on a prior settlement that had resolved issues of unjust enrichment and implied indemnity (see McDermott v City of New York, 50 N.Y.2d 211, 217 [1980]). While third-party defendant contends that this was error, we need not reach this issue as third-party defendant was unable to demonstrate a reasonable excuse for his multiple and acknowledged defaults (Hyundai Corp. v Republic of Iraq,

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