Preview
FILED: ORANGE COUNTY CLERK 02/26/2019 01:14 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/26/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF ORANGE
MELODY A. MACKENZIE PLLC, SUCCESSOR IN
NAME CHANGE TO ASSAF & MACKENZIE PLLC,
Index No. EF007534-2018
Plaintiff,
NOTICE OF ENTRY
-against-
LESLIE BONDER NOBLE,
Defendant.
PLEASE TAKE NOTICE, that the within is a true and accurate copy of the Decision and
Order for Judgment signed the Hon. Sandra B. Sciortino, J.S.C. on February 19, 2019
Summary by
and entered into the Orange County Clerk's Office on February 21, 20 .
Dated: February 26, 2019
Albany, New York
DEIL LASTETTER, LLP
By:
Jason e, Esq.
Atto f r Plaintiff
y
8 Sou ds Blvd., Suite 207
Albany, York 12211
Tel: (518) 36-0344
E-mail: jlittle@deilylawfmn.co_m
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FILED: ORANGE COUNTY CLERK 02/26/2019 01:14 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 11 RECEIVED
INDEX NYSCEF:
NO. 02/26/2019
EF007534-2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/21/2019
To commence the statutorytime
forappeals as ofright(CPLR 55 13 [a]),
you are advised toserve a copy ofthis
order,with noticeof entry,upon allparties.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
---..---------------------------------------------------------------------X
MELODY A. MACKENZIE PLLC, SUCCESSOR IN
NAME CHANGE TO ASSAF & MACKENZIE PLLC,
Plaintiff, DECISION AND ORDER
INDEX NO,: EF007534-2018
-against- Motion Date: 08/31/2019
Sequence No. 1
LESLIE BONDER NOBLE,
Defendant.
--..--------------------------------------------------------------------X
SCIORTINO, J.
The following papers numbered 1 to 6 were read on this motion by plaintiff for summary
judgment in lieu of complaint:
PAPERS NUMBERED
Notice of Motion / Affirmation / Exhibits A - B /
(Little)
Affidavit (MacKenzie) / Exhibit A 1 -6
Upon the foregoing papers, the motion, which is unopposed, is granted.
This motion seeks summary judgment in lieu of complaint pursuant to Civil Practice Law
and Rules § 3213. Plaintiffformerly represented defendant in a matrimonial action under Index No.
6990/2005. Plaintiff was awarded a Judgment against defendant for unpaid legal fees in the amount
of $54,484.62, by the Hon. William E. Sherwood, JHO on July 29, 2008. Judgment was entered on
August 22, 2008.
By Summons and Notice of Motion for Summary Judgment in Lieu of Complaint filed on
July 19, 2018, plaintiff seeks an order renewing the Judgment entered on August 22, 2008, less
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FILED: ORANGE COUNTY CLERK 02/26/2019 01:14 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 11 RECEIVED
INDEX NYSCEF:
NO. 02/26/2019
EF007534-2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/21/2019
payments received from defendant in the amount of $4,500, with statutory interest. Defendant was
served personally with the Summons and motion papers on July 23, 2018. Defendant has not
responded to the motion.
Civil Practice Law and Rules §3213 permits a plaintiff to serve a notice of motion for
summary judgment and supporting papers with the summons "when an action is based upon... any
judgment."
Section 5014(1) permits a plaintiff to commence an action upon a money judgment
judgment."
"during the year prior to the expiration of ten years since the first docketing of the The
subject judgment was entered on August 22, 2008. Plaintiff's commencement of the instant action
on July 19, 2018 to seek a renewal judgment thus was timely.
In light of the above, itis ORDERED that plaintiff's motion is granted. Plaintiff shall have
a renewal judgment against defendant in the amount of $54,484.62, less payments received in the
amount of $4,500.00, for a total sum of $49,984.62 with interest based upon the judgment entered
on August 22, 2008.
Submit Clerk's Judgment.
The foregoing constitutes the Decision and Order of the Court.
Dated: February 19, 2019 E N T E R:
Goshen, New York
HON. SANDRA B. SCIORTINO, J.S.C.
TO: Counsel of Record
VIA NYSCEF
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