Legal Opinion

Regency Club At Wallkill, LLC v. Bienish

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

Decided May 1, 2012PublishedCited by 13 opinions

1Opinion of the Court

In an action to enforce a judgment by confession, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (Ritter, J.), dated November 20, 2009, as, without a hearing, denied that branch of her motion which was to vacate the judgment by confession.

Ordered that the order is affirmed insofar as appealed from, with costs.

Generally, a person seeking to vacate a judgment entered upon the filing of an affidavit of confession of judgment must commence a separate plenary action for that relief (see Posner v Posner, 277 AD2d 298 [2000]; Rubino v…

2Cases cited12 opinions

  1. Wood v. . MitchellNew York Court of Appeals · 1889
  2. County National Bank v. VogtAppellate Division of the Supreme Court of the State of New York · 1967
  3. County National Bank v. VogtNew York Court of Appeals · 1968
  4. Burtner v. BurtnerAppellate Division of the Supreme Court of the State of New York · 1988
  5. Mall Commercial Corp. v. Chrisa Restaurant, Inc.Appellate Terms of the Supreme Court of New York · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. QFC, LLC v. Iron Centurian, LLCAppellate Division of the Supreme Court of the State of New York · 2020
  2. Merchant Funding Services, LLC v. Volunteer Pharmacy Inc.New York Supreme Court · 2016
  3. Cash & Carry Filing Service, LLC v. PerveezAppellate Division of the Supreme Court of the State of New York · 2017
  4. Merchant Funding Servs., LLC v. Volunteer Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Funding Metrics, LLC v. D & V Hospitality, Inc.Appellate Division of the Supreme Court of the State of New York · 2021

8 more not listed; retrieve them via the Exa API.

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