Marcoux v. Goldstein

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

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

609 N.Y.S.2d 817

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.