AFFENITA v. LONG INDUSTRIES, INC

Ordered that the order is affirmed, with costs.

A defendant debtor who seeks to attack the validity of a judgment by confession on the ground of fraud must proceed by plenary action (see, City of Poughkeepsie v. Albano, 122 A.D.2d 14; Mittman v. Mittman, 33 A.D.2d 573; Mall Commercial Corp. v Chrisa Rest., 85 Misc.2d 613; 4 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 3218.09, at 32-376). Accordingly, the Supreme Court, Nassau County, properly denied the defendants' motion to vacate the confessions of judgment. Kunzeman, J.P., Kooper, Spatt and Sullivan, JJ., concur.