Opinion
June 1, 1987
Appeal from the Supreme Court, Rockland County (Daronco, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied in all respects without prejudice to the judgment debtors bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated.
A person seeking to vacate a confession of judgment and judgment entered thereon must commence a plenary action (Bufkor, Inc. v Wasson Fried, 33 A.D.2d 636; Smith v Kent, 259 App. Div. 117). Special Term, therefore, should have denied the defendant's motion without prejudice to their bringing a plenary action seeking to have the confession of judgment and judgment entered thereon vacated. Bracken, J.P., Rubin, Eiber and Spatt, JJ., concur.