Legal Opinion

Rubashkin v. Rubashkin

Appellate Division of the Supreme Court of the State of New York

Decided September 19, 2012PublishedCited by 5 opinions

1Opinion of the Court

In an action to secure payment of a debt through a judgment by confession, the plaintiffs and the defendant appeal from an order of the Supreme Court, Kings County (Schack, J.), dated September 27, 2010, which granted the motion of the nonparty, U.S. Bancorp Equipment Finance, Inc., inter alia, to vacate a judgment by confession dated December 2, 2008.

Ordered that the order is affirmed, with costs.

Contrary to the contentions of the plaintiffs and the defendant, the affidavit of confession of judgment, which failed, inter alia, to set forth any facts explaining why the defendant was indebted…

2Cases cited4 opinions

  1. County National Bank v. VogtAppellate Division of the Supreme Court of the State of New York · 1967
  2. County National Bank v. VogtNew York Court of Appeals · 1968
  3. Cole-Hatchard v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2010
  4. Franco v. ZeltserAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by5 opinions

  1. QFC, LLC v. Iron Centurian, LLCAppellate Division of the Supreme Court of the State of New York · 2020
  2. Merchant Funding Servs., LLC v. Volunteer Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Morocho v. MonterrozaAppellate Division of the Supreme Court of the State of New York · 2019
  4. Parker Waichman, LLP v. GetreuAppellate Division of the Supreme Court of the State of New York · 2019
  5. Wright v. Gerald Gardner Wright, P.C.Appellate Division of the Supreme Court of the State of New York · 2018

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