Preview
FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
METRO COLLECTION SERVICE, INC., DECISION, ORDER and JUDGMENT
Plaintiff, Index No. EF2020-68584
v. RJI No. 56-1-2021-0117
MATTHEW D. MERRIHEW,
Defendant.
Law Offices ofSteven Cohen, LLC, Bronx(Adam Nichols, of counsel), for plaintiff.
Matthew D. Merrihew, Glens Falls, pro se.
ROBERT J. MULLER, J.S.C.
On September 27, 2016, the Combined Court, Jefferson County in the State of Colorado
issued a Judgment in favor of phintiff and against defendâñt in the amount of $5,618.79 plus
interest at the rate of 18% per annum, compounded annually. To date, the Judgment has not
been paid. Defendant now resides in the City of Glens Falls, Warren County and, on December
30, 2020, plaintiff commeñced this action to obtain a Judgment in New York based upon the
unsatisfied Judgment in Colorado. Specifically, plaintiff seeks a Judgment in the amount of
$10,163.08 with interest continuing at the rate of 18% per annum. Defendant was personally
served on January 1, 2021 and thereafter failed to appear. Presently before the Court is
plaintiff's motion for a default judgment.
Plaintiff is entitled to a default judgment in the amount of $10,163.08 (see CPLR 3215
[a]). Interest on the amount, however, shall not continue at the rate of 18% per anum.
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FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021
Plaintiff relies upon Hospital Serv. Plan of N J v Warehouse Prod & Sales Empts.
Union (76 AD2d 882 [1980]) in support of its request that interest should continue at the
Colorado rate. There, the Appellate Divisics, Second Department found that "[a] judgment
rendered in a sister State . . . is entitled,.under the principles of full faith and credit, to
enforcement together with the rate of interest applicable in the State in which it.was originally
rendered"
(id.). That being said, in Wells Fargo & Co. v Davis (105 NY 670 [1887]), the Court
of Appeals expressly found that "that the interest to be allowed . . . should be governed by the
State" - and
law in force in this (id. at 673) this finding has since been adopted by other Courts
(see e.g. Cahn v Cahn [119 Misc 2d 150, 151-152 [Civ Ct, Bronx County 1983]).
Under the doctrine of stare decisis, where the Court of Appeals has proncüñced a rule
this Court is bound to follow it (see Mmmtain View Coach Lines v. Storms, 102 AD2d 663, 664
[1984]). Accordingly interest on the judgment amount shall be at the statutory rate of 9% per
annum, as provided in CPLR 5004.
Therefore, having corsidered NYSCEF documents 1 through 11 and 14 through 16, it is
hereby
ORDERED that plaintiff's motion for a default judgment is granted in its entirety; and it
is further
ORDERED and ADJUDGED that interest on the judgment amount shall be at the
statutory rate of 9% per annum, as provided in CPLR and it is further
5004;
ORDERED that any relief not specifically addressed herein has nonetheless been
considered and is expressly denied.
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FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021
The original of this Decision, Order and Judgment has been e-filed by the Court.
Counsel for P laintiff is hereby directed to pro mptly obtain a copy 0 f the e-filed Decision, Order
and Judginent for senice w ith notice of entry upon defendant in accordance with CPLR 5513-
Dated: October 28, 2021
Lake George, New York
B J. LLER, J.S.C.
ENTER:
10/28/2021
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Preview
FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN METRO COLLECTION SERVICE, INC., DECISION, ORDER and JUDGMENT Plaintiff, Index No. EF2020-68584 v. RJI No. 56-1-2021-0117 MATTHEW D. MERRIHEW, Defendant. Law Offices ofSteven Cohen, LLC, Bronx(Adam Nichols, of counsel), for plaintiff. Matthew D. Merrihew, Glens Falls, pro se. ROBERT J. MULLER, J.S.C. On September 27, 2016, the Combined Court, Jefferson County in the State of Colorado issued a Judgment in favor of phintiff and against defendâñt in the amount of $5,618.79 plus interest at the rate of 18% per annum, compounded annually. To date, the Judgment has not been paid. Defendant now resides in the City of Glens Falls, Warren County and, on December 30, 2020, plaintiff commeñced this action to obtain a Judgment in New York based upon the unsatisfied Judgment in Colorado. Specifically, plaintiff seeks a Judgment in the amount of $10,163.08 with interest continuing at the rate of 18% per annum. Defendant was personally served on January 1, 2021 and thereafter failed to appear. Presently before the Court is plaintiff's motion for a default judgment. Plaintiff is entitled to a default judgment in the amount of $10,163.08 (see CPLR 3215 [a]). Interest on the amount, however, shall not continue at the rate of 18% per anum. 1 of 3 FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021 Plaintiff relies upon Hospital Serv. Plan of N J v Warehouse Prod & Sales Empts. Union (76 AD2d 882 [1980]) in support of its request that interest should continue at the Colorado rate. There, the Appellate Divisics, Second Department found that "[a] judgment rendered in a sister State . . . is entitled,.under the principles of full faith and credit, to enforcement together with the rate of interest applicable in the State in which it.was originally rendered" (id.). That being said, in Wells Fargo & Co. v Davis (105 NY 670 [1887]), the Court of Appeals expressly found that "that the interest to be allowed . . . should be governed by the State" - and law in force in this (id. at 673) this finding has since been adopted by other Courts (see e.g. Cahn v Cahn [119 Misc 2d 150, 151-152 [Civ Ct, Bronx County 1983]). Under the doctrine of stare decisis, where the Court of Appeals has proncüñced a rule this Court is bound to follow it (see Mmmtain View Coach Lines v. Storms, 102 AD2d 663, 664 [1984]). Accordingly interest on the judgment amount shall be at the statutory rate of 9% per annum, as provided in CPLR 5004. Therefore, having corsidered NYSCEF documents 1 through 11 and 14 through 16, it is hereby ORDERED that plaintiff's motion for a default judgment is granted in its entirety; and it is further ORDERED and ADJUDGED that interest on the judgment amount shall be at the statutory rate of 9% per annum, as provided in CPLR and it is further 5004; ORDERED that any relief not specifically addressed herein has nonetheless been considered and is expressly denied. 2 of 3 FILED: WARREN COUNTY CLERK 10/28/2021 11:36 AM INDEX NO. EF2020-68584 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 10/28/2021 The original of this Decision, Order and Judgment has been e-filed by the Court. Counsel for P laintiff is hereby directed to pro mptly obtain a copy 0 f the e-filed Decision, Order and Judginent for senice w ith notice of entry upon defendant in accordance with CPLR 5513- Dated: October 28, 2021 Lake George, New York B J. LLER, J.S.C. ENTER: 10/28/2021 3 of 3