Legal Opinion
Engster v. Passonno
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1994PublishedCited by 5 opinions
1Opinion of the CourtMercure, J.
Appeal from that part of an order of the Supreme Court (Spain, J.), entered November 20, 1992 in Rensselaer County, which denied defendant’s cross motion to vacate a judgment entered by confession.
We reject the contention that Supreme Court erred in denying defendant’s motion to vacate a $13,887.76 judgment by confession entered in favor of plaintiff, one of defendant’s former attorneys, and accordingly affirm. First, the claim that the affidavit of confession of judgment was obtained through coercion may only be asserted in a plenary action, thereby permitting development and evaluation of…
2Cases cited6 opinions
- Rae v. KestenbergNew York Court of Appeals · 1965
- Scheckter v. RyanAppellate Division of the Supreme Court of the State of New York · 1990
- Rae v. KestenbergAppellate Division of the Supreme Court of the State of New York · 1965
- Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1969
- Fidelity & Casualty Co. v. MarendinoAppellate Division of the Supreme Court of the State of New York · 1922
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3Cited by5 opinions
- Cole-Hatchard v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2010
- L.R. Dean, Inc. v. International Energy Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Rubenfeld v. GambinoAppellate Division of the Supreme Court of the State of New York · 1995
- Corrales v. WalkerNassau County District Court · 2008
- In re HarrisAppellate Division of the Supreme Court of the State of New York · 2001