Consumer Debt Defense Case Law: Chase Bank USA, N.A. v Castelli, 61 Misc 3d 144(A) (App Term 2018).
1. Motion to Vacate Judgment: Here, the Appellate Term, First Department overturned lower court decision to vacate a judgment since the defendant waited 4 years after becoming aware of the debt and failed to move to vacate. When the defendant’s account was restrained, he signed an agreement which set forth his acknowledgement of the debt and consented to release certain funds towards satisfying the debt. Then he took no action until 4 years later he sought to vacate a judgment. Defendant failed to proofer a reasonable excuse of his 4 years delay.