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FIORE v. OAKWOOD PLAZA

78 N.Y.2d 572 (1991)

Leonard S. Fiore, Sr., et al., Respondents, v. Oakwood Plaza Shopping Center, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Allen C. Cohen and Donald S. Snider for appellants.

Roy A. Powell, of the Pennsylvania Bar, admitted pro hac vice, and Stuart M. Steinberg for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

Judgments by confession, recognized both as "the loosest way of binding a man's property that ever was devised in any civilized country" (Alderman v Diament, 7 NJL 197, 198) and as devices that "serve a proper and useful purpose in the commercial world" (Overmyer Co. v Frick Co., 405 U.S. 174, 188), in this State have been strictly limited by the Legislature...

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