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QFC, LLC v. IRON CENTURIAN, LLC

2017-08850, Index No. 51302/17.

179 A.D.3d 1110 (2020)

114 N.Y.S.3d 696

2020 NY Slip Op 00629

QFC, LLC, Appellant, v. Iron Centurian, LLC, et al., Respondents.

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

Decided January 29, 2020.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion is denied without prejudice to the defendants commencing a plenary action to vacate the judgment by confession.

"Generally, a person seeking to vacate a judgment entered upon the filing of an affidavit of confession of judgment must commence a separate plenary action for that relief" (Regency Club at Wallkill, LLC v Bienish, 95 A.D.3d 879

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