2019 New York Laws
CVP - Civil Practice Law and Rules
Article 32 - Accelerated Judgment
3218 - Judgment by Confession.

§  3218. Judgment by confession. (a) Affidavit of defendant. Except as
provided in section thirty-two hundred one, a judgment by confession may
be entered, without an action, either for money due or to become due, or
to secure the plaintiff against a contingent liability in behalf of  the
defendant, or both, upon an affidavit executed by the defendant;
  1.  stating the sum for which judgment may be entered, authorizing the
entry of judgment, and stating the county where the defendant resides;
  2. if the judgment to be confessed is for money due or to become  due,
stating concisely the facts out of which the debt arose and showing that
the sum confessed is justly due or to become due; and
  3.  if the judgment to be confessed is for the purpose of securing the
plaintiff against a contingent liability, stating  concisely  the  facts
constituting  the  liability and showing that the sum confessed does not
exceed the amount of the liability.
  (b) Entry of judgment. At  any  time  within  three  years  after  the
affidavit  is  executed, it may be filed, but only with the clerk of the
county where the defendant's affidavit stated that the defendant resided
when it was executed or where the  defendant  resided  at  the  time  of
filing.  The  clerk shall then enter a judgment in the supreme court for
the sum confessed. The clerk shall tax costs in the  amount  of  fifteen
dollars, besides disbursements taxable in an action. The judgment may be
docketed  and  enforced in the same manner and with the same effect as a
judgment in an action in the supreme court. No  judgment  by  confession
may  be  entered  after  the  defendant's  death.  For  purposes of this
section, a non-natural person resides in any county where it has a place
of business.
  Notwithstanding  any  other  provision  of  law  to  the  contrary,  a
government  agency  engaged  in the enforcement of civil or criminal law
against a person or a non-natural person may file an  affidavit  in  any
county within the state.
  (c)  Execution  where  the judgment is not all due. Where the debt for
which the judgment is entered is not all due, execution  may  be  issued
only  for  the  sum  which has become due. The execution shall be in the
form prescribed for an execution upon a judgment  for  the  full  amount
recovered,  except  that it shall direct the sheriff to collect only the
sum due, stating the amount with interest and the costs of the judgment.
Notwithstanding the issuance and collection of such  an  execution,  the
judgment shall remain in force as security for the sum or sums to become
due after the execution is issued. When further sums become due, further
executions may be issued in the same manner.
  (d) Confession by joint debtors. One or more joint debtors may confess
a  judgment  for  a joint debt due or to become due. Where all the joint
debtors do not unite in the confession, the judgment  shall  be  entered
and  enforced against only those who confessed it and it is not a bar to
an action against the other joint debtors upon the same demand.