ZIMLER v. SILVER


61 A.D.2d 981 (1978)

Bertha Zimler, Appellant, v. Albert Silver, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 6, 1978


Judgment and order reversed, with $50 costs and disbursements, motion denied and complaint reinstated.

As a subsequent judgment creditor of her former husband, the plaintiff has standing to maintain this action to vacate and set aside on equitable grounds the prior confession of judgment obtained by the defendant from the plaintiff's former husband (see Johnston v Erlanger Realty Corp., 162 Misc. 881, 886; 9 Carmody-Wait 2d, NY Civ Prac, §§ 63...

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