The statutory requirement that an affidavit of confession of judgment must state concisely the facts out of which the debt arose and show that the sum confessed is justly due is meant to protect innocent third parties who might be prejudiced in the event that a collusively confessed judgment is entered, not the party who signed the confession of judgment. Therefore, the defendant was foreclosed from challenging the confession of judgment on this ground.
Balahtsis v. Shakola, NY Slip Op 04653 (2d Dep't August 11, 2021)
Tomorrow's issue: A motion for summary judgment in an action to foreclose a mortgage.
