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MALL COMM CORP v. CHRISA REST

85 Misc.2d 613 (1976)

Mall Commercial Corporation, Respondent, v. Chrisa Restaurant, Inc., et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 20, 1976

Attorney(s) appearing for the Case

Triantafyllos Thanasoulis for appellants. David Harrison Storper for respondent.

Concur: DUDLEY, J. P., HUGHES and RICCOBONO, JJ.

Per Curiam

The statutory mandate (CPLR 3218, subd [a], par 2) that a confession of judgment be entered upon an affidavit by defendant "stating concisely the facts out of which the debt arose and showing that the sum confessed is justly due or to become due" is designed for the protection of third persons who might be prejudiced in the event that a collusively confessed judgment is entered, and not for the protection...

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