Luboch v. Sidey's, Inc.
New York Supreme Court
1Opinion of the CourtMatthew J. Jasen, J.
Defendant moves for summary judgment to dismiss the complaint herein on the ground that no bona fide issue of fact is raised.
Plaintiff brought an action to set aside a confession of judgment in the sum of $5,347.38, filed in Chautauqua County on June 1, 1961.
The judgment entered by confession was based upon the following statement, dated May 8, 1961, signed by plaintiff:
*411“ This confession of judgment is for a debt justly due and owing to the plaintiff arising upon the following facts:
“ Over a period of four years last past, while in the employ of the plaintiff as a salesclerk, I have converted…
2Cases cited6 opinions
- In re the Accounting of BishopNew York Surrogate's Court · 1943
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Glicman v. Barker Painting Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Franklin v. MuckleyCity of New York Municipal Court · 1947
- Granville v. GratzerAppellate Division of the Supreme Court of the State of New York · 1953
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3Cited by4 opinions
- Giryluk v. GirylukAppellate Division of the Supreme Court of the State of New York · 1968
- In Re HigginsUnited States Bankruptcy Court, S.D. New York · 2001
- Bufkor, Inc. v. Wasson & Fried, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Kevin F. v. Erickson (In re Kevin F.)United States Bankruptcy Court, S.D. New York · 2001