Legal Opinion
Corrales v. Walker
Nassau County District Court
Decided April 4, 2008Published
1Opinion of the Court
*286OPINION OF THE COURT
Gary F. Knobel, J.
Motion by defendant Catherine Walker, pro se, for an order vacating the judgment entered against her on July 9, 2007, based upon the confession of judgment executed by her on November 16, 2004, is granted.
In sum, the entry of the confession of judgment was unauthorized under its terms, i.e., there was never any basis upon which the plaintiff could enter a judgment based upon a confession of judgment to secure a bail bond which was exonerated (see Irons v Roberts, 206 AD2d 683 [1994]; Rae v Kestenberg, 23 AD2d 565, 566 [1965], affd 16 NY2d 1023 [1965]).
The…
2Cases cited11 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- County National Bank v. VogtAppellate Division of the Supreme Court of the State of New York · 1967
- County National Bank v. VogtNew York Court of Appeals · 1968
- Rae v. KestenbergNew York Court of Appeals · 1965
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