On July 20, 2017 a
Motion-Secondary
was filed
involving a dispute between
Ronnie Dorrity,
and
Terry James Dorrity,
for Commercial - Contract
in the District Court of Lewis County.
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SUPREME COURT
COUNTY OF LEWIS
STATE OF NEW YORK
RONNIE DORRITY
Index no. CA2017-0246
TERRY JAMES DORRITY
ORDER TO SHOW CAUSE
Upon the affidavit of Woodruff Carroll sworn to and on all pleadings and proceedings previously
had let the Plaintiff show cause before this court at the Lewis County Courthouse
New York, on day of , 2023 at
why an order should not be made pursuant to CPLR 5519 staying the
enforcement of the judgment of entered in the office of the clerk of Lewis and
other counties pending the appeal for by Defendant and for such other and further relief as the
court ma y deem proper.
Pending hearing and determination of this application let al proceeding on the part of the Plaintiff
or the attorney for the plaintiff towards the enforcement of the judgment be stayed.
Service of a copy of this order and a copy of the papers upon which is granted by either e-mail,
fax, mail or personal delivery upon upon Stuart Finer the attorney for Plaintiff on or before
shall be deemed sufficient service.
Hon.,James Mc Cluskey .
SUPREME COURT
COUNTY OF LEWIS
STATE OF NEW YORK
RONNIE DORRITY
v Index no. CA2017-0246
TERRY JAMES DORRITY
AFFIDAVIT IN SUPPORT OF
ORDER TO SHOW CAUSE TO STAY THE ACTION
AND FIX THE UNDERTAKING, IF NEEDED
Woodruff Lee Carroll states under the penalties of perjury and pursuant to Civil Practice Law
and Rules 2106 that the following are true:
1. I am the attorney for the defendant and I am familiar with the facts and circumstances set
forth in this affidavit. I make this affidavit in support of the defendant motion to fox the sum
of an undertaking for a stay of the enforcement of the judgment appealed from.
2. Plaintiff commenced this action of July 20, 2017.
3. A judgement was entered with the Lewis County Clerk on July 12, 2022 in favor the the
Plaintiff and against the Defendant for $102,676.18 in the case of Ronnie Dorrity v Terry Dorrity.
4. An appeal has been taken from said judgment against the Defendant Terry Dorrity a copy of
the notice of appeal was served on the Plaintiff on 7/12/22 and the amended Notice of Appeal on
1/2/23 and filing said notice with the Electronic Filing and the Lewis County Clerk.
5. To stay the enforcement of the judgment by the Plaintiff pending the resolution of the
Plaintiffs appeal it is necessary that this court fix a sum of the undertaking to be fixed by the
Defendant to the effect that if any part of the judgment is affumed the Defendant will pay the
amount of the final judgment.
6. Whereas the Defendant has real property, his residence, in the Thousand Islands with equity of
$250,000 and the judgment is $102,676.18 and the defendant has filed said judgment in the St
Lawrence County Courthouse and has lien on said property he has adequate security for payment
of the debt and an undertaking is unnecessary.
7. Plaintiff believes that this is a shakedown because the debt is adequately secured by the
residence of Terry Dorrity in St Lawrence County which has $250,000 of equity above the
mortgage which is more than double what is owed and the Defendant has a lien on the same.
8. Said Defendant has served a questionnaire which requires said Defendant to reveal his assets.
9. Plaintiff believes this to be the first step in seizing the Plaintiffs assets before the appeal is
finished and a reversal obtained.
10. Whereupon the Defendant will then have to sue to recover his assets from the Plaintiff when
he obtains a reversal.
11. This creates multiple lawsuits and work for everyone and should be avoided.
12. They have refused all offers of settlement.
Wherefore the Plaintiff requests that the enforcement of said judgment be stayed pending
resolution of the appeal and that an undertaking not be required and further that if an undertaking
is required that the court fix the amount thereof and such other relief as the court deems just and
proper.
Woodruff Carroll
334 Nottingham Road
Syracuse, NY 13210
315 484 5356
315 474 5451
Carrollcarroll@Carrolloffice.com
Document Filed Date
February 11, 2023
Case Filing Date
July 20, 2017
Category
Commercial - Contract
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SUPREME COURT COUNTY OF LEWIS STATE OF NEW YORK RONNIE DORRITY Index no. CA2017-0246 TERRY JAMES DORRITY ORDER TO SHOW CAUSE Upon the affidavit of Woodruff Carroll sworn to and on all pleadings and proceedings previously had let the Plaintiff show cause before this court at the Lewis County Courthouse New York, on day of , 2023 at why an order should not be made pursuant to CPLR 5519 staying the enforcement of the judgment of entered in the office of the clerk of Lewis and other counties pending the appeal for by Defendant and for such other and further relief as the court ma y deem proper. Pending hearing and determination of this application let al proceeding on the part of the Plaintiff or the attorney for the plaintiff towards the enforcement of the judgment be stayed. Service of a copy of this order and a copy of the papers upon which is granted by either e-mail, fax, mail or personal delivery upon upon Stuart Finer the attorney for Plaintiff on or before shall be deemed sufficient service. Hon.,James Mc Cluskey . SUPREME COURT COUNTY OF LEWIS STATE OF NEW YORK RONNIE DORRITY v Index no. CA2017-0246 TERRY JAMES DORRITY AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE TO STAY THE ACTION AND FIX THE UNDERTAKING, IF NEEDED Woodruff Lee Carroll states under the penalties of perjury and pursuant to Civil Practice Law and Rules 2106 that the following are true: 1. I am the attorney for the defendant and I am familiar with the facts and circumstances set forth in this affidavit. I make this affidavit in support of the defendant motion to fox the sum of an undertaking for a stay of the enforcement of the judgment appealed from. 2. Plaintiff commenced this action of July 20, 2017. 3. A judgement was entered with the Lewis County Clerk on July 12, 2022 in favor the the Plaintiff and against the Defendant for $102,676.18 in the case of Ronnie Dorrity v Terry Dorrity. 4. An appeal has been taken from said judgment against the Defendant Terry Dorrity a copy of the notice of appeal was served on the Plaintiff on 7/12/22 and the amended Notice of Appeal on 1/2/23 and filing said notice with the Electronic Filing and the Lewis County Clerk. 5. To stay the enforcement of the judgment by the Plaintiff pending the resolution of the Plaintiffs appeal it is necessary that this court fix a sum of the undertaking to be fixed by the Defendant to the effect that if any part of the judgment is affumed the Defendant will pay the amount of the final judgment. 6. Whereas the Defendant has real property, his residence, in the Thousand Islands with equity of $250,000 and the judgment is $102,676.18 and the defendant has filed said judgment in the St Lawrence County Courthouse and has lien on said property he has adequate security for payment of the debt and an undertaking is unnecessary. 7. Plaintiff believes that this is a shakedown because the debt is adequately secured by the residence of Terry Dorrity in St Lawrence County which has $250,000 of equity above the mortgage which is more than double what is owed and the Defendant has a lien on the same. 8. Said Defendant has served a questionnaire which requires said Defendant to reveal his assets. 9. Plaintiff believes this to be the first step in seizing the Plaintiffs assets before the appeal is finished and a reversal obtained. 10. Whereupon the Defendant will then have to sue to recover his assets from the Plaintiff when he obtains a reversal. 11. This creates multiple lawsuits and work for everyone and should be avoided. 12. They have refused all offers of settlement. Wherefore the Plaintiff requests that the enforcement of said judgment be stayed pending resolution of the appeal and that an undertaking not be required and further that if an undertaking is required that the court fix the amount thereof and such other relief as the court deems just and proper. Woodruff Carroll 334 Nottingham Road Syracuse, NY 13210 315 484 5356 315 474 5451 Carrollcarroll@Carrolloffice.com