ENGSTER v. PASSONNO


202 A.D.2d 769 (1994)

608 N.Y.S.2d 740

Paul R. Engster, Respondent, v. P. Shannon Passonno, Appellant

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

March 3, 1994


Mercure, J.

We reject the contention that Supreme Court erred in denying defendant's motion to vacate a $13,887.76 judgment by confession entered in favor of plaintiff, one of defendant's former attorneys, and accordingly affirm. First, the claim that the affidavit of confession of judgment was obtained through coercion may only be asserted in a plenary action, thereby permitting development and evaluation of the pertinent facts (see, Mittman...

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