ZANANI v. SCHVIMMER (2018)

Recitation, as required by CPLR 2219(a), of the papers considered on the review of this motion for Default Judgment against Miriam Schvimmer and Israel Schvimmer.

PAPERS NUMBERED

Notice of Motion and Affidavits and

Exhibits Annexed 1

Answering Affidavits 2

Replying Affidavits

Sur-Reply Affidavits

Upon the foregoing cited papers, the Decision/Order on this motion is as follows:

Plaintiff entered a default judgment against Defendants pursuant to CPLR § 3215 on November 13, 2008 for $45,065.57. Plaintiff alleges that the judgment is unsatisfied and seeks to renew the judgment under CPLR § 5014.

CPLR § 5014 sets forth in relevant part, “an action upon a money judgment entered in a court of the state may be maintained between the original parties to the judgment.” CPLR § 5014 also provides, “an action may be commenced under subdivision one of this section during the year prior to the expiration of ten years since the first docketing of the judgment. The judgment in such action shall be designated a renewal judgment and shall be so docketed by the clerk. The lien of a renewal judgment shall take effect upon the expiration of ten years from the first docketing of the original judgment.”

In this case, on November 13, 2008 the New York City Civil Court issued an Amended Judgment, index number 300-232-TSN-06, in the sum of $45,065.57. The Amended Judgment was docketed at least nine years prior to the commencement of this action and the judgment remains unsatisfied.

Defendants Opposition consists that the judgment was bonded, which is not a basis to oppose a renewal of the judgment.

The motion is granted. Enter judgment for $45,065.57 and all accrued statutory interest from November 13, 2008 with costs and disbursements.

Andrew Borrok, J.