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AFFENITA v. LONG INDUS., INC.

133 A.D.2d 727 (1987)

Vincent Affenita, Respondent, v. Long Industries, Inc., et al., Appellants. (Action No. 1.) Alfred Affenita, Respondent, v. Long Industries, Inc., et al., Appellants. (Action No. 2.) Vara Enterprises, Ltd., Respondent, v. Long Industries, Inc., et al., Appellants. (Action No. 3.)

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

October 19, 1987

Ordered that the order is affirmed, with costs.

A defendant debtor who seeks to attack the validity of a judgment by confession on the ground of fraud must proceed by plenary action (see, City of Poughkeepsie v Albano, 122 A.D.2d 14; Mittman v Mittman, 33 A.D.2d 573; Mall Commercial Corp. v Chrisa Rest.,

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