After securing a default judgment against Valia Malamakis, HSBC Bank levied her bank account.
Some 7-10 months later, Malamakis asked the New York County Supreme Court to vacate the judgment on the grounds she hadn't received the underlying papers in the case.
When the New York County Supreme Court granted Valia's request, the bank appealed to the Appellate Division, First Department.
Apparently, the lady hadn't been properly served because the papers were left at a place where she didn't live. (Although she delayed in having the judgment vacated, the AD1 didn't think there was any evidence that Malamakis acted in bad faith or waived her rights in any way.)
Take that to the bank!
To view a copy of the Appellate Division's decision, please use this link: HSBC Bank USA v. A&R Trucking Co., Inc.