CASH AND CARRY FILING SERV., LLC v. PERVEEZ

3593, 154341/15.

149 A.D.3d 578 (2017)

2017 NY Slip Op 03047

50 N.Y.S.3d 277

CASH AND CARRY FILING SERVICE, LLC, Respondent, v. REHAN PERVEEZ et al., Appellants.

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

Decided April 20, 2017.


Defendants may challenge the judgment by confession only by trial in a plenary action, and not by motion (see Scheckter v Ryan, 161 A.D.2d 344, 345 [1st Dept 1990]). Moreover, defendants lack standing to challenge the affidavit of confession of judgment. An affidavit of confession of judgment pursuant to CPLR 3218 "is intended to protect creditors of a defendant," not the defendant itself (Giryluk v Giryluk,

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