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Wilk v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 466 (N.Y. App. Div. 1987)

Opinion

June 1, 1987

Appeal from the Supreme Court, Rockland County (Daronco, J.).


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. v Wasson Fried, 33 A.D.2d 636; Smith v Kent, 259 App. Div. 117). Special Term, therefore, should have denied the defendant's motion without prejudice to their bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated. Bracken, J.P., Rubin, Eiber and Spatt, JJ., concur.


Summaries of

Wilk v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 466 (N.Y. App. Div. 1987)
Case details for

Wilk v. Cohen

Case Details

Full title:SAMUEL T. WILK et al., Appellants, v. HOWARD COHEN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1987

Citations

131 A.D.2d 466 (N.Y. App. Div. 1987)

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