Giryluk v. Giryluk

In this action brought to set aside a confession of judgment in the sum of $30,000 executed by the plaintiff and her estranged husband in favor of her father-in-law, William Giryluk, the latter appeals from a judgment entered after trial at Special Term holding that the signing of the confession of judgment was not the plaintiff’s voluntary act and that, accordingly, the judgment entered upon the confession must be vacated.

Underlying the Trial Justice’s conclusion is the stated premise that courts should adopt a liberal attitude towards vacating a judgment by confession. But in exercising…