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HSBC BANK USA, NATIONAL ASSOCIATION, ap, v. CHAIM WIELGUS, res

HSBC BANK USA, NATIONAL ASSOCIATION, ap, v. CHAIM WIELGUS, res — (INDEX NO. 5614/09)In an action to recover money due under a corporate line of credit guaranteed by the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County (Dear, J.), dated August 6, 2013, which granted the defendant's motion (a) to vacate a clerk's judgment in favor of the plaintiff in the total sum of $64,434.39 entered April 9, 2013, upon the defendant's failure to comply with a stipulation of settlement dated July 23, 2010, (b), in effect, to vacate the stipulation of settlement, and (c) to restore the action to the trial calendar.

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HSBC BANK USA, NATIONAL ASSOCIATION, ap, v. CHAIM WIELGUS, res — (INDEX NO. 5614/09)In an action to recover money due under a corporate line of credit guaranteed by the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County (Dear, J.), dated August 6, 2013, which granted the defendant’s motion (a) to vacate a clerk’s judgment in favor of the plaintiff in the total sum of $64,434.39 entered April 9, 2013, upon the defendant’s failure to comply with a stipulation of settlement dated July 23, 2010, (b), in effect, to vacate the stipulation of settlement, and (c) to restore the action to the trial calendar.

ORDERED that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendant’s motion which were, in effect, to vacate the stipulation of settlement dated July 23, 2010, and to restore the case to the trial calendar, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

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