Legal Opinion
Cash & Carry Filing Service, LLC v. Perveez
Appellate Division of the Supreme Court of the State of New York
Decided April 20, 2017No. 3593 154341/15PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about November 6, 2015, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to vacate a judgment by confession entered May 1, 2015, or to schedule a plenary hearing to determine whether the underlying agreement leading to the judgment by confession is enforceable, unanimously affirmed, with costs.
Defendants may challenge the judgment by confession only by trial in a plenary action, and not by motion (see Scheckter v Ryan, 161 AD2d 344, 345 [1st Dept 1990]). Moreover, defendants lack…
2Cases cited7 opinions
- County National Bank v. VogtAppellate Division of the Supreme Court of the State of New York · 1967
- Giryluk v. GirylukAppellate Division of the Supreme Court of the State of New York · 1968
- County National Bank v. VogtNew York Court of Appeals · 1968
- Giryluk v. GirylukNew York Court of Appeals · 1969
- Regency Club At Wallkill, LLC v. BienishAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by2 opinions
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