On July 19, 2018 a
Order
was filed
involving a dispute between
Melody A. Mackenzie Pllc,
Successor In Name Change To Assaf & Mackenzie Pllc,
and
Leslie Bonder Noble,
for Other Matters - Contract - Other
in the District Court of Orange County.
Preview
INDEX NO. EF007534-2018
FILED: ORANGE COUNTY CLERK 03705/2019 10:10 AM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/05/2019
To commence the statutory time
for appeals as of right (CPLR 5513 [a]),
you are advised to serve a copy of this
order, with notice of entry, upon all parties.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
MELODY A. MACKENZIE PLLC, SUCCESSOR IN
NAME CHANGE TO ASSAF & MACKENZIE PLLC,
AMENDED
Plaintiff, DECISION AND ORDER ~
INDEX NO.: EF007534-2018
-against- Motion Date: 08/31/2019
Sequence No. 1
LESLIE BONDER NOBLE,
Defendant.
Xx
SCIORTINO, J.
AMENDED TO CORRECT SCRIVENER’S ERROR ON PAGE 2
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 (Little) / Exhibits A - B /
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. Plaintiff: formerly 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
Filed in Orange County 03/05/2019 12:00:00 AM $0.00 Bk: B101f 2 Pg: 1824 Index: # EF007534-2018 Clerk: EB
S OC eC
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/05/2019
July 19, 2018, plaintiff seeks an order renewing the Judgment entered on August 22, 2008, less
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
“during the year prior to the expiration of ten years since the first docketing of the judgment.” The
subject judgment was entered on August 22, 2008. Plaintiffs commencement of the instant action
on July 19, 2018 to seek a renewal judgment thus was timely.
In light of the above, it is 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 statutory interest.
Submit Clerk’s Judgment.
The foregoing constitutes the Decision and Order of the Court.
Dated: March 4, 2019 ENTER:
SS ES
I
Goshen, New York
HON. SANDRA B. SCIORTINO, J.S.C
TO Counsel of Record
VIA NYSCEF
2 of 2
Document Filed Date
March 05, 2019
Case Filing Date
July 19, 2018
Category
Other Matters - Contract - Other
Status
Disposed-Court Date/Application Pending
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INDEX NO. EF007534-2018 FILED: ORANGE COUNTY CLERK 03705/2019 10:10 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/05/2019 To commence the statutory time for appeals as of right (CPLR 5513 [a]), you are advised to serve a copy of this order, with notice of entry, upon all parties. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, AMENDED Plaintiff, DECISION AND ORDER ~ INDEX NO.: EF007534-2018 -against- Motion Date: 08/31/2019 Sequence No. 1 LESLIE BONDER NOBLE, Defendant. Xx SCIORTINO, J. AMENDED TO CORRECT SCRIVENER’S ERROR ON PAGE 2 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 (Little) / Exhibits A - B / 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. Plaintiff: formerly 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 Filed in Orange County 03/05/2019 12:00:00 AM $0.00 Bk: B101f 2 Pg: 1824 Index: # EF007534-2018 Clerk: EB S OC eC NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/05/2019 July 19, 2018, plaintiff seeks an order renewing the Judgment entered on August 22, 2008, less 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 “during the year prior to the expiration of ten years since the first docketing of the judgment.” The subject judgment was entered on August 22, 2008. Plaintiffs commencement of the instant action on July 19, 2018 to seek a renewal judgment thus was timely. In light of the above, it is 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 statutory interest. Submit Clerk’s Judgment. The foregoing constitutes the Decision and Order of the Court. Dated: March 4, 2019 ENTER: SS ES I Goshen, New York HON. SANDRA B. SCIORTINO, J.S.C TO Counsel of Record VIA NYSCEF 2 of 2