MALHADO v. CORDANI

Ordered that the order is reversed, without costs or disbursements, and the motion is denied, without prejudice to the right of the defendant to commence a plenary action.

A person seeking to vacate a confession of judgment and judgment entered thereon must commence a plenary action for that relief (see, Burtner v. Burtner, 144 A.D.2d 417; Affenita v. Long Indus., 133 A.D.2d 727, 728; Wilk v. Cohen, 131 A.D.2d 466). Therefore, the Supreme Court should have denied the defendant's motion without prejudice to his right to commence an action seeking to set aside the confession of judgment and to vacate the judgment entered thereon. Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.