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MIDTOWN ACQUISITIONS L.P. v. ESSAR GLOBAL FUND LTD.

157086/16, 6986A, 6986.

162 A.D.3d 583 (2018)

75 N.Y.S.3d 900

2018 NY Slip Op 04680

Midtown Acquisitions L.P., Respondent, et al., Plaintiffs, v. Essar Global Fund Limited, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 26, 2018.

Defendant's motion to vacate the judgment by confession pursuant to CPLR 5015 (a) (3) based on fraud was properly denied because issues of fact exist that must be resolved by trial in a plenary action rather than by motion (see Scheckter v Ryan, 161 A.D.2d 344 [1st Dept 1990]; Affenita v Long Indus., 133 A.D.2d 727 [2d Dept 1987]). Even assuming that the filing of the confession of judgment...

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