The following numbered papers were read on this motion: NYSCEF Doc No. 4: Notice of Motion to Vacate Judgment NYSCEF Doc No. 5: Affidavit of Mohammed Khan in Support of Motion NYSCEF Doc No. 6: Exhibit A — Bail Receipts NYSCEF Doc No. 7: Exhibit B — Affidavit of Confession of Judgment NYSCEF Doc No. 8: Exhibit C — St. John’s Riverside Hospital Patient Health Summary NYSCEF Doc No. 9: Exhibit D — Clerk’s Judgment NYSCEF Doc No. 10: Affidavit of Service NYSCEF Doc No. 11: Affidavit of Service NYSCEF Doc No. 12: Request for Judicial Intervention NYSCEF Doc No. 13: Affirmation of Timothy J. Murtha, Esq. in Opposition to Motion NYSCEF Doc No. 14: Affidavit of Jason Fordin in Opposition to Motion NYSCEF Doc No. 15: Exhibit A — Affidavit of Confession of Judgment NYSCEF Doc No. 16: Exhibit B — Clerk’s Judgment NYSCEF Doc No. 17: Affidavit of Service NYSCEF Doc No. 18: Affirmation of Richard A. Kraslow, Esq. in Reply NYSCEF Doc No. 19: Exhibit A — Cellular Phone Log NYSCEF Doc No. 20: Affidavit of Service NYSCEF Doc No. 21: Sur-Reply of Timothy J. Murtha, Esq. in Opposition to Motion NYSCEF Doc No. 22: Affidavit of Service NYSCEF Doc No. 23: Letter from Richard A. Kraslow, Esq. to Court dated January 16, 2023 NYSCEF Doc No. 24: Letter from Timothy J. Murtha, Esq. to Court dated June 23, 2023 NYSCEF Doc No. 25: Letter from Richard A. Kraslow, Esq. to Court dated June 27, 2023 NYSCEF Doc No. 26: Affirmation of Engagement submitted by Richard A. Kraslow, Esq. DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record from appearing counsel, the within motion is determined as follows. I. Facts This is a motion to vacate a judgment entered on an affidavit of confession of judgment sworn to by Defendant Mohammad Khan (hereinafter “Defendant”), in conjunction with an indemnity agreement between him and Plaintiff Empire Bonding and Insurance Co. (hereinafter “Plaintiff”) (see generally NYSCEF Doc No. 4; NYSCEF Doc No. 7). On August 26, 2021, Defendant’s son Wasim Khan (hereinafter “Khan”) was arrested by the New York City Police Department. Plaintiff was engaged as a bail agent, and posted bail in the amount of $300,000, whereupon Khan, the principal, was released from custody. Defendant paid the required collateral in the amount of $30,000. (See NYSCEF Doc No. 5
3-6; NYSCEF Doc No. 6.) Bond issuance by Plaintiff was contingent upon Defendant swearing to an affidavit of confession of judgment in favor of Plaintiff in the amount of $300,000, to be entered in the event of bond forfeiture (see NYSCEF Doc No. 5 6). Khan failed to appear on his scheduled court date of April 4, 2022, violating the terms of his release, whereupon a warrant was issued for his arrest and bail was forfeited (see id. 13). Judgment in the amount of $300,225 was entered by the Kings County Clerk on May 10, 2022, upon Defendant’s affidavit of confession of judgment (see id. 14; NYSCEF Doc No. 9). Defendant has moved for an order pursuant to CPLR §5015 (a), in the interests of substantial justice, to vacate the judgment entered in favor of Plaintiff and against Defendant in the amount of $300,225, and for such other relief as this Court deems proper (see NYSCEF Doc No. 4). II. Contentions Defendant argues that the bond application, including the affidavit of confession of judgment dated September 10, 2021, is not enforceable against Defendant because Khan lacked the mental capacity to enter into an indemnity agreement. It is uncontested that Khan was chemically dependent on opioids and other substances at the time of his arrest and subsequent bail bond issuance. (See NYSCEF Doc No. 5
