PERKINS DAVIS GROUP INC v. Harvey Wiles, nonparty-appellant. (2005)

In an action to recover the proceeds of a loan, nonparty Harvey Wiles appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated March 15, 2005, which denied his motion to vacate a confessed judgment entered in favor of the plaintiff Perkins Davis Group, Inc., in the principal sum of $160,000.

ORDERED that the order is affirmed, with costs.

Contrary to the contentions of the nonparty-appellant, who is a creditor of one of the defendant debtors, the subject affidavit of confession of judgment set forth the underlying facts in sufficient detail to meet the requirements of CPLR 3218 (see ILMS Realty Assn. v. Madden, 174 A.D.2d 603, 571 N.Y.S.2d 310;  McDaniel v. Sangenino, 67 A.D.2d 698, 412 N.Y.S.2d 400).   Furthermore, the Supreme Court properly concluded that the appellant failed to submit clear, positive, and satisfactory evidence of any fraud, misconduct, or other circumstances that would require the judgment in question to be set aside (see City of Poughkeepsie v. Albano, 122 A.D.2d 14, 14-15, 504 N.Y.S.2d 183;  Giryluk v. Giryluk, 30 A.D.2d 22, 23, 289 N.Y.S.2d 458, affd. 23 N.Y.2d 894, 298 N.Y.S.2d 91, 245 N.E.2d 818).