Legal Opinion
Mall Commercial Corp. v. Chrisa Restaurant, Inc.
Appellate Terms of the Supreme Court of New York
Decided February 20, 1976PublishedCited by 8 opinions
1Per curiam
The statutory mandate (CPLR 3218, subd [a], par 2) that a confession of judgment be entered upon an affidavit by defendant "stating concisely the facts out of which the debt arose and showing that the sum confessed is justly due or to become due” is designed for the protection of third persons who might be prejudiced in the event that a collusively confessed judgment is entered, and not for the protection of the defendant (Giryluk v Giryluk, 30 AD2d 22, affd 23 NY2d 894; County Nat. Bank v Vogt, 28 AD2d 793, affd 21 NY2d 800; CPLR 3218; Practice Commentary by Siegel, C3218:9 in McKinney’s…
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
- Magalhaes v. MagalhaesAppellate Division of the Supreme Court of the State of New York · 1938
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Citibank, National Ass'n v. LondonDistrict Court, S.D. Texas · 1981
- Regency Club At Wallkill, LLC v. BienishAppellate Division of the Supreme Court of the State of New York · 2012
- Burtner v. BurtnerAppellate Division of the Supreme Court of the State of New York · 1988
- Affenita v. Long Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- City of Poughkeepsie v. AlbanoAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.