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RAY v. RAY

61 A.D.3d 442 (2009)

876 N.Y.S.2d 383

AMES RAY, Appellant, v. CHRISTINA RAY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.

The court improperly dismissed the claim for $532,288.10, which was the core of the first cause of action, on the ground that it was contained in a confession of judgment that was not filed within the three years required by CPLR 3218. While failure to file this document would render it void as a confession of judgment, it did not extinguish the underlying debt (see Reliance Ins. Co. v Brown, 59 A.D.2d 968, 969 [1977]).

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