Photo: Diego M. Radzinschi/ALM Manhattan Family Law Attorney Prevails Over Ex-Client Who Tried to Escape Fees Owed Under Confession of Judgment
"The statutory requirement that an affidavit of confession of judgment 'stat[e] concisely the facts out of which the debt arose and show[ ] that the sum confessed is justly due,'" quoting a state statute, "is designed to protect innocent third parties," the appeals court wrote.
August 16, 2021 at 03:07 PM
2 minute read
A Manhattan family law practitioner has prevailed over a former client who tried to vacate a confessed judgment stating she owed the lawyer $46,061 in fees, after an appeals court ruled the former client can't argue the confession was "statutorily deficient" when she signed the document herself and wasn't a third party.
In a dispute between veteran attorney Deana Balahtsis and former client Evroulla Shakola, an Appellate Division, Second Department panel has ruled Shakola cannot vacate the confession of judgment she signed in 2018 based on her contention an underlying affidavit failed to meet specificity requirements for judgment confessions set out in state statute CPLR 3218(a).
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