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Marcoux v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 542 (N.Y. App. Div. 1994)

Opinion

February 14, 1994

Appeal from the Supreme Court, Westchester County (Nastasi, J.).


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]; cf., Rae v. Kestenberg, 23 A.D.2d 565, affd 16 N.Y.2d 1023). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.


Summaries of

Marcoux v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 542 (N.Y. App. Div. 1994)
Case details for

Marcoux v. Goldstein

Case Details

Full title:RICHARD A. MARCOUX, Respondent, v. MARTIN GOLDSTEIN, Appellant

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

Date published: Feb 14, 1994

Citations

201 A.D.2d 542 (N.Y. App. Div. 1994)
609 N.Y.S.2d 817