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FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
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Index No.
CADLEROCK JOINT VENTURE. L.P.
AFFIRMATION IN SUPPORT
Plaintiff,
- against -
SOMANSU DUTTA a/k/a SOMANSOU DUTTA
Defendant
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JEFFREY H. WARD, ESQ., being duly sworn, hereby deposes and says, under the
penalties of perjury that:
1. I am the Attorney for Plaintiff, CadleRock Joint Venture, L.P.. As such, I am fully
familiar with the facts and circumstances of this action.
2. I make this Affirmation in Support of Plaintiff's Motion for Summary Judgment in
Lieu of Complaint, which was brought pursuant to CPLR Section 3213 and CPLR Section 5014
in favor of Plaintiff, and issuing a new Judgment against Defendant, together with the costs and
disbursements of this action.
3. The cause of action is based upon the following facts: On or about July 11, 2008,
a Judgment was entered in the Supreme Court of the State of New York, County of New York, in
favor of Plaintiff, HSBC Bank USA, N.A. and against Defendant, Somansu Dutta a/k/a
Somansou Dutta, in the sum of $485,801.22, in the action entitled "HSBC Bank USA, N.A. and
~a*ainst Defendant Somansu Dutta a/k/a Somansou Dutta et ais", under Index No. 11 3rt03/07.
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FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/30/2018
4. On or about September 10, 2008, an Assignment of Judgment was filed with the
County Clerk of New York County assigning this judgment from HSBC Bank USA, National
Association to CadleRock Joint Venture, L.P., the Plaintiff herein.
5. CPLR Section 5014 provides that a party may bring an action for a new 20 year
Judgment after ten years has elapsed since the first docketing of the Judgment. This Motion is
being made within a year prior to the expiration of ten years since the first docketing of the
judgment on July 11, 2008. Where, as in this case, ten years from the original docketing will
lapse in July 2018, Plaintiff can sue on the Judgment afresh so as to get a new 20 year Judgment.
See First National Bank of Long Island v. Brooks, 1 Misc. 3d 905A, 781 N.Y.S. 2d 624 (District
Ct. Nassau County 2003)("After expiration of the ten year period, a Plaintiff is entitled to obtain
a new 20 year Judgment and a new ten year lien"); Quarant v. Ferrara, 111 Misc. 2d 1042, 445
N.Y.S.2d 885 (Sup.Ct. Queens Co., 1981)("After ten years have elapsed, a Judgment Creditor
can sue afresh to obtain a new Judgment.")
6. Pursuant to CPLR Section 5014(1), Plaintiff is entitled to the issuance of a new
Judgment against Defendant.
7. Pursuant to the Affidavit of Denise Harkless, Account Officer for the Plaintiff,
as of May 24, 2018, the Defendant is duly indebted to Plaintiff in the sum of $465,801.22, plus
statutory interest at the rate of 9 percent per annum from July 11, 2008 in the amount of
$415,028.89, for a total sum of $880,830.11.
8. Accordingly, a new Judgment should be entered by this Court in the said principal
sum plus interest from the original entry date as set forth above, together with the costs and
disbursements of this action.
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FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018
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WHEREFORE, itis respectfully requests that this Court grant Plaintiff's Motion in its
entirety, together with such other relief as the Court see just and proper.
'
J FRE . JJ. ARD, ESQ.
Dated: May 30, 2018
New York, New York
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Preview
FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ------------------------------------------------------------X Index No. CADLEROCK JOINT VENTURE. L.P. AFFIRMATION IN SUPPORT Plaintiff, - against - SOMANSU DUTTA a/k/a SOMANSOU DUTTA Defendant -----------------------------------------------------------X JEFFREY H. WARD, ESQ., being duly sworn, hereby deposes and says, under the penalties of perjury that: 1. I am the Attorney for Plaintiff, CadleRock Joint Venture, L.P.. As such, I am fully familiar with the facts and circumstances of this action. 2. I make this Affirmation in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint, which was brought pursuant to CPLR Section 3213 and CPLR Section 5014 in favor of Plaintiff, and issuing a new Judgment against Defendant, together with the costs and disbursements of this action. 3. The cause of action is based upon the following facts: On or about July 11, 2008, a Judgment was entered in the Supreme Court of the State of New York, County of New York, in favor of Plaintiff, HSBC Bank USA, N.A. and against Defendant, Somansu Dutta a/k/a Somansou Dutta, in the sum of $485,801.22, in the action entitled "HSBC Bank USA, N.A. and ~a*ainst Defendant Somansu Dutta a/k/a Somansou Dutta et ais", under Index No. 11 3rt03/07. 1 of 3 FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/30/2018 4. On or about September 10, 2008, an Assignment of Judgment was filed with the County Clerk of New York County assigning this judgment from HSBC Bank USA, National Association to CadleRock Joint Venture, L.P., the Plaintiff herein. 5. CPLR Section 5014 provides that a party may bring an action for a new 20 year Judgment after ten years has elapsed since the first docketing of the Judgment. This Motion is being made within a year prior to the expiration of ten years since the first docketing of the judgment on July 11, 2008. Where, as in this case, ten years from the original docketing will lapse in July 2018, Plaintiff can sue on the Judgment afresh so as to get a new 20 year Judgment. See First National Bank of Long Island v. Brooks, 1 Misc. 3d 905A, 781 N.Y.S. 2d 624 (District Ct. Nassau County 2003)("After expiration of the ten year period, a Plaintiff is entitled to obtain a new 20 year Judgment and a new ten year lien"); Quarant v. Ferrara, 111 Misc. 2d 1042, 445 N.Y.S.2d 885 (Sup.Ct. Queens Co., 1981)("After ten years have elapsed, a Judgment Creditor can sue afresh to obtain a new Judgment.") 6. Pursuant to CPLR Section 5014(1), Plaintiff is entitled to the issuance of a new Judgment against Defendant. 7. Pursuant to the Affidavit of Denise Harkless, Account Officer for the Plaintiff, as of May 24, 2018, the Defendant is duly indebted to Plaintiff in the sum of $465,801.22, plus statutory interest at the rate of 9 percent per annum from July 11, 2008 in the amount of $415,028.89, for a total sum of $880,830.11. 8. Accordingly, a new Judgment should be entered by this Court in the said principal sum plus interest from the original entry date as set forth above, together with the costs and disbursements of this action. 2 of 3 FILED: NEW YORK COUNTY CLERK 05/30/2018 08:48 PM INDEX NO. 155057/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/30/2018 WHEREFORE, itis respectfully requests that this Court grant Plaintiff's Motion in its entirety, together with such other relief as the Court see just and proper. ' J FRE . JJ. ARD, ESQ. Dated: May 30, 2018 New York, New York 3 of 3