GREGORY KWIATKOWSKI PLAINTIFF RESPONDENT v. CARIOL HORNE DEFENDANT APPELLANT (2025)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order that denied her motion to vacate, inter alia, a 2011 judgment entered against her in this action. We note that, before defendant filed her motion, plaintiff commenced a separate action on the 2011 judgment pursuant to CPLR 5014 and obtained a renewal judgment. CPLR 5014 provides for an action on a money judgment that “ ‘enables the judgment creditor to sue on the old judgment and thereby acquire a new judgment and a fresh 10 year lien’ ” (Gletzer v Harris, 12 NY3d 468, 475 [2009] [emphasis added]; see CPLR 5203 [a]). Assuming, arguendo, that the entry of the renewal judgment did not extinguish the original judgment (see generally Platinum Funding Corp. v Blue Ocean Lines, 249 AD2d 19, 19 [1st Dept 1998]), we conclude that Supreme Court did not abuse its discretion in denying the motion after considering each of the factors raised by defendant (see generally Woodson v Mendon Leasing Corp., 100 NY2d 62, 68 [2003]; Ladd v Stevenson, 112 NY 325, 332 [1889]; Quinn v Guerra, 26 AD3d 872, 873 [4th Dept 2006], appeal dismissed 7 NY3d 741 [2006]).

Entered: January 31, 2025

Ann Dillon Flynn

Clerk of the Court