Wilk v. Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Rockland County (Haroneo, J.), dated March 10, 1986, which granted a motion to vacate a confession of judgment and the judgment entered thereon and directed a hearing on the merits.
Ordered that the order is reversed, on the law, with costs, and the motion is denied in all respects without prejudice to the judgment debtors bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated.
A person seeking to vacate a confession of judgment and judgment entered thereon must commence a plenary action (Bufkor, Inc.…
2Cases cited2 opinions
- Bufkor, Inc. v. Wasson & Fried, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Smith v. KentAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by4 opinions
- Burtner v. BurtnerAppellate Division of the Supreme Court of the State of New York · 1988
- Scheckter v. RyanAppellate Division of the Supreme Court of the State of New York · 1990
- L.R. Dean, Inc. v. International Energy Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Malhado v. CordaniAppellate Division of the Supreme Court of the State of New York · 1989