First National Bank And Trust Company Ellenville v. Classic Collateral Corp. Et Al‪.‬

This is an action to recover on a promissory note in the sum of $50,000 made by defendant Classic Collateral Corp. and payable to plaintiff. The individual defendants are indorsers on the note. After service of a summons and complaint, defendants served both an answer and an amended answer. The case was ultimately reached for trial, and after several adjournments, a day was set for trial. On the prescribed day defendants asked for another adjournment, but the court denied the request and ordered the case tried forthwith. Defendants took no part in the trial, and judgment was awarded to plaintiff against all defendants. This appeal from the judgment ensued. Defendants raise several issues in urging a reduction in the amount of the judgment. Plaintiff contends, among other things, that defendants may not appeal from a default judgment. With this contention we agree. An examination of the record reveals that the attorney who appeared before the court for defendants new trial counsel, concededly, did not intend to participate in the [44 A.D.2d 868 Page 869]