Friday, April 28, 2017

Vacating a judgment by confession.

Practice point:  A defendant may challenge the judgment by confession only by trial in a plenary action, and not by motion.  The defendant has no standing tochallenge the affidavit of confession of judgment, as the affidavit protects the defendant's creditors, not the defendant, pursuant to CPLR 3218.

Case:  Cash & Carry Filing Serv., LLC v. Perveez, NY Slip 03047 (1st Dep't April 20, 2017)

Here is the decision.

Monday's issue:  Waiver of arbitration.