Wilk v. Cohen

131 A.D.2d 466, 516 N.Y.S.2d 98, 1987 N.Y. App. Div. LEXIS 47921

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.