Legal Opinion
Affenita v. Long Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 1987PublishedCited by 8 opinions
1Opinion of the Court
In three actions based on three confessions of judgment, the defendants appeal from an order of the Supreme Court, Nassau County (Morrison, J.), dated January 14, 1987, which denied their motion to vacate the confessions of judgment on the ground of fraud.
*728Ordered that the order is affirmed, with costs.
A defendant debtor who seeks to attack the validity of a judgment by confession on the ground of fraud must proceed by plenary action (see, City of Poughkeepsie v Albano, 122 AD2d 14; Mittman v Mittman, 33 AD2d 573; Mall Commercial Corp. v Chrisa Rest., 85 Misc 2d 613; 4 Weinstein-Korn-Miller,…
2Cases cited3 opinions
- City of Poughkeepsie v. AlbanoAppellate Division of the Supreme Court of the State of New York · 1986
- Mall Commercial Corp. v. Chrisa Restaurant, Inc.Appellate Terms of the Supreme Court of New York · 1976
- Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by8 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
- Cole-Hatchard v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2010
- 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
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