Summary
holding that robber displays a weapon by putting his hand inside his jacket and asking victim if it would "make a difference" if he had a gun
Summary of this case from Moses v. CommonwealthOpinion
March 5, 1992
Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).
RPAPL 1301 (3) does not bar plaintiff from maintaining this action to enforce defendants' guarantees, since the debt sought to be enforced in the separate mortgage foreclosure action is separate and distinct from that guaranteed by defendants herein. Accordingly, as the IAS held, defendants have failed to set forth a meritorious defense sufficient to vacate the default.
Concur — Murphy, P.J., Rosenberger, Ellerin and Kassal, JJ.