(Download) "Charles M. Pellaton v. Bank New York" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Charles M. Pellaton v. Bank New York
- Author : Supreme Court of Delaware
- Release Date : January 13, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This action originated in the Superior Court when, pursuant to Superior Court Civil Rule 58.1, The Bank of New York ("BNY")
1 requested the Prothonotary's Office to commence proceedings to confess two judgments on its behalf against Charles Pellaton
("Pellaton"). Pellaton objected to the entry of both judgments. Therefore, the Superior Court held hearings to determine if
Pellaton had waived his rights to notice and a hearing prior to the entry of the judgments. Super. Ct. Civ. R. 58.1(d)(5).
The Superior Court concluded that Pellaton had effectively waived those rights. On April 20, 1990, the Superior Court ordered that the two judgments be entered in favor of BNY against Pellaton. However,
the Superior Court limited Pellaton's aggregate liability on the judgments to $1,933,000.00, approximately one-third of the
amount of a related mortgage. 2 This is Pellaton's direct appeal of the Superior Court's decision to enter both judgments
against him. BNY has filed a cross-appeal from the Superior Court's decision limiting Pellaton's aggregate liability to $1,933,000.00.
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