WILK v. COHEN

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.