Kwiatkowski v. Horne
Opinion
| Kwiatkowski v Horne |
| 2025 NY Slip Op 00543 |
| Decided on January 31, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on January 31, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, LINDLEY, AND DELCONTE, JJ.
705 CA 23-01662
v
CARIOL J. HORNE, DEFENDANT-APPELLANT.
KIRKLAND & ELLIS LLP, NEW YORK CITY (KEVIN DECKER OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (FRANK J. JACOBSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Raymond W. Walter, J.), entered September 14, 2023. The order denied the motion of defendant to vacate, inter alia, a 2011 judgment.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order that denied her motion to vacate, inter alia, a 2011 judgment entered against her in this action. We note that, before defendant filed her motion, plaintiff commenced a separate action on the 2011 judgment pursuant to CPLR 5014 and obtained a renewal judgment. CPLR 5014 provides for an action on a money judgment that " 'enables the judgment creditor to sue on the old judgment and thereby acquire a new judgment and a fresh 10 year lien' " (Gletzer v Harris, 12 NY3d 468, 475 [2009] [emphasis added]; see CPLR 5203 [a]). Assuming, arguendo, that the entry of the renewal judgment did not extinguish the original judgment (see generally Platinum Funding Corp. v Blue Ocean Lines, 249 AD2d 19, 19 [1st Dept 1998]), we conclude that Supreme Court did not abuse its discretion in denying the motion after considering each of the factors raised by defendant (see generally Woodson v Mendon Leasing Corp., 100 NY2d 62, 68 [2003]; Ladd v Stevenson, 112 NY 325, 332 [1889]; Quinn v Guerra, 26 AD3d 872, 873 [4th Dept 2006], appeal dismissed 7 NY3d 741 [2006]).
Entered: January 31, 2025
Ann Dillon Flynn
Clerk of the Court
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