ZIMMERMAN v. STEPHENSON (2025)

Appeal from order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about December 21, 2023, which granted plaintiff's motion for summary judgment in lieu of complaint for a renewed judgment pursuant to CPLR 5014 and denied defendant's cross-motion to dismiss, deemed appeal from judgment, same court and Justice, entered on or about February 14, 2024, awarding plaintiff the principal sum of $54,835.71, plus interest, and, so considered, the judgment unanimously affirmed, without costs.

In light of this Court's prior determination in (Solomon Holding Corp. v. Stephenson, 118 A.D.3d 613, 989 N.Y.S.2d 22 [1st Dept. 2014]), defendant's arguments concerning the validity of the underlying judgment are barred by res judicata (see O'Brien v. Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158 [1981]).

Plaintiff made a prima facie showing of his entitlement to a renewal judgment under CPLR 5014(1), inter alia, by demonstrating that, to date, only a nominal payment of the underlying debt has been recovered;  thus, defendant has not satisfied the judgment (see C.T. Holdings, Ltd. v. Schreiber Family Charitable Found., Inc., 154 A.D.3d 433, 433, 61 N.Y.S.3d 532 [1st Dept. 2017]).  In opposition, defendant failed to raise an issue of fact.

We have considered defendant's remaining arguments and find them unavailing.