Wilk v. Cohen
This text of 131 A.D.2d 466 (Wilk v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal from an order of the Supreme Court, Rockland County (Haroneo, J.), dated March 10, 1986, which granted a motion to vacate a confession of judgment and the judgment entered thereon and directed a hearing on the merits.
Ordered that the order is reversed, on the law, with costs, and the motion is denied in all respects without prejudice to the judgment debtors bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated.
A person seeking to vacate a confession of judgment and judgment entered thereon must commence a plenary action (Bufkor, Inc. v Wasson & Fried, 33 AD2d 636; Smith v Kent, 259 App Div 117). Special Term, therefore, should have denied the defendant’s motion without prejudice to their bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated. Bracken, J. P., Rubin, Eiber and Spatt, JJ., concur.
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Cite This Page — Counsel Stack
131 A.D.2d 466, 516 N.Y.S.2d 98, 1987 N.Y. App. Div. LEXIS 47921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilk-v-cohen-nyappdiv-1987.