Rubashkin v. Rubashkin

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…