PORTFOLIO RECOVERY ASSOCIATES LLC GE v. NOFAL (2020)

Supreme Court, Appellate Term, New York.

PORTFOLIO RECOVERY ASSOCIATES, LLC, as Proxy of GE Money Bank, Respondent, v. Abdelnaser NOFAL, Also Known as Abdelnasset Nofal, Appellant.

2018-2013 W C

Decided: January 16, 2020

PRESENT: TERRY JANE RUDERMAN, J.P., THOMAS A. ADAMS, BRUCE E. TOLBERT, JJ

Abdelnaser Nofal, a/k/a Abdelnasset Nofal, appellant pro se. Forster & Garbus, LLP, for respondent (no brief filed).

ORDERED that the amended order entered August 30, 2018 is reversed, without costs, the branch of defendant's motion seeking to, in effect, vacate the order dated June 27, 2018 is granted, and the matter is remitted to the City Court for a new determination, following a traverse hearing, of the branch of defendant's motion seeking to grant his prior motion to vacate the default judgment.

For the reasons stated in Portfolio Recovery Assoc., LLC v. Nofal (––– Misc 3d ––––, 2020 NY Slip Op _ [appeal No. 2018-2012 W C], decided herewith), the amended order entered August 30, 2018 is reversed, the branch of defendant's motion seeking to, in effect, vacate the order dated June 27, 2018 is granted, and the matter is remitted to the City Court for a new determination, following a traverse hearing, of the branch of defendant's motion seeking to grant his prior motion to vacate the default judgment.

RUDERMAN, J.P., ADAMS and TOLBERT, JJ., concur.

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