On July 20, 2017 a
Order
was filed
involving a dispute between
Ronnie Dorrity,
and
Terry James Dorrity,
for Commercial - Contract
in the District Court of Lewis County.
Preview
INDEX NO. EFCA2017-000246
FILED: LEWIS COUNTY CLERK 04/03/2023 03:09 PM
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/03/2023
At a term of Supreme Court held in and
for the County of Lewis, in the Village of
Lowville, New York on the 9" day of
March 2023
PRESENT: HONORABLE JAMES P. McCLUSKY
Supreme Court Justice
STATE OF NEW YORK
SUPREME COURT COUNTY OF LEWIS
RONNIE DORRITY
MEMORANDUM
Plaintiff, DECISION
AND
-VS-
ORDER
TERRY JAMES DORRITY
Index No. EFCA2017-000246
Defendant.
RJI No. S24-2017-0140
Plaintiff has filed a motion seeking to hold the Defendant in contempt for failure to
respond in writing to an information subpoena served on him. Defendant has filed a cross
motion for a stay pending appeal.
The Court has considered all documents filed in the New York State Courts
Electronic Filing System under Index number EFCA2017-000246.
The Plaintiffs motion is granted.
The Defendant's cross motion is denied
Plaintiff served an information subpoena upon Defendant Terry James Dorrity on
August 18, 2022. At the time of oral argument, the responses were still incomplete.
1 of 2
INDEX NO. EFCA2017-000246
(FILED: LEWIS COUNTY CLERK 0470372023 03:09 PM
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/03/2023
Defendant seeks to stay the matter and asks the Court to allow the undertaking to
be “his residence in the Thousand Islands.” Defendant has failed to provide any proof of
the value and or equity of the real estate other that an affidavit of the Defendant.
The property owned by the Defendant is in the Thousand Island Park. Thousand
Island Park is a 270.8- acre parcel of land classified as a resort complex by the taxing
authority. Defendant owns the house on the property subject to a lease to the Thousand
Island Park Corp. It is questionable if this would classify as real property under CPLR
§2503.
Even if the home is real property Weinstein Korn & Miller at 2503.02 (Vol 5.p25-
44) states “a judgment could not pledge her real property to stay enforcement of a
judgment pending appeal because the judgment was a lien on the property already, and
a second lien on the same property would give no greater interest in the property.”
It is therefore
ORDERED that the Plaintiffs motion is granted, and the Defendant shall have
thirty (30) days from the date of this Order to provide complete answers to the information
subpoena; and it is further
ORDERED that the Defendant's cross motion is denied, and the Defendant cannot
use his home in the Thousand Island Park as his surety.
April_4 , 2023
Watertown, New York
ENTER
JA SP. McCL KY
Ss reme Court stice
2 of 2
Document Filed Date
April 03, 2023
Case Filing Date
July 20, 2017
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
INDEX NO. EFCA2017-000246 FILED: LEWIS COUNTY CLERK 04/03/2023 03:09 PM NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/03/2023 At a term of Supreme Court held in and for the County of Lewis, in the Village of Lowville, New York on the 9" day of March 2023 PRESENT: HONORABLE JAMES P. McCLUSKY Supreme Court Justice STATE OF NEW YORK SUPREME COURT COUNTY OF LEWIS RONNIE DORRITY MEMORANDUM Plaintiff, DECISION AND -VS- ORDER TERRY JAMES DORRITY Index No. EFCA2017-000246 Defendant. RJI No. S24-2017-0140 Plaintiff has filed a motion seeking to hold the Defendant in contempt for failure to respond in writing to an information subpoena served on him. Defendant has filed a cross motion for a stay pending appeal. The Court has considered all documents filed in the New York State Courts Electronic Filing System under Index number EFCA2017-000246. The Plaintiffs motion is granted. The Defendant's cross motion is denied Plaintiff served an information subpoena upon Defendant Terry James Dorrity on August 18, 2022. At the time of oral argument, the responses were still incomplete. 1 of 2 INDEX NO. EFCA2017-000246 (FILED: LEWIS COUNTY CLERK 0470372023 03:09 PM NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/03/2023 Defendant seeks to stay the matter and asks the Court to allow the undertaking to be “his residence in the Thousand Islands.” Defendant has failed to provide any proof of the value and or equity of the real estate other that an affidavit of the Defendant. The property owned by the Defendant is in the Thousand Island Park. Thousand Island Park is a 270.8- acre parcel of land classified as a resort complex by the taxing authority. Defendant owns the house on the property subject to a lease to the Thousand Island Park Corp. It is questionable if this would classify as real property under CPLR §2503. Even if the home is real property Weinstein Korn & Miller at 2503.02 (Vol 5.p25- 44) states “a judgment could not pledge her real property to stay enforcement of a judgment pending appeal because the judgment was a lien on the property already, and a second lien on the same property would give no greater interest in the property.” It is therefore ORDERED that the Plaintiffs motion is granted, and the Defendant shall have thirty (30) days from the date of this Order to provide complete answers to the information subpoena; and it is further ORDERED that the Defendant's cross motion is denied, and the Defendant cannot use his home in the Thousand Island Park as his surety. April_4 , 2023 Watertown, New York ENTER JA SP. McCL KY Ss reme Court stice 2 of 2