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MARCOUX v. GOLDSTEIN

201 A.D.2d 542 (1994)

609 N.Y.S.2d 817

Richard A. Marcoux, Respondent, v. Martin Goldstein, Appellant

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

February 14, 1994

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contentions, the affidavit of confession of judgment did not, by its terms, prohibit its filing with the clerk before October 16, 1991. By its express terms the affidavit of confession of judgment authorized the plaintiff to file the judgment upon the defendant's default. Since the defendant did default, the subsequent filing of the judgment was not improper (see, CPLR 3218 [b];

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