Bay Crest Ass'n, Inc. v. Paar

Decision Date10 October 2012
PartiesBAY CREST ASSOCIATION, INC., respondent, v. Louis PAAR, et al., appellants.
CourtNew York Supreme Court — Appellate Division

99 A.D.3d 744
952 N.Y.S.2d 211
2012 N.Y. Slip Op. 06771

BAY CREST ASSOCIATION, INC., respondent,
v.
Louis PAAR, et al., appellants.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 10, 2012.


[952 N.Y.S.2d 212]


Louis Paar and Suzanne De Lisi, Huntington Bay, N.Y., appellants pro se.

Hamburger, Maxson, Yaffe, Knauer & McNally, LLP, Melville, N.Y. (Richard Hamburger and William P. Caffrey, Jr., of counsel), for respondent.


REINALDO E. RIVERA, J.P., ANITA R. FLORIO, CHERYL E. CHAMBERS, and JEFFREY A. COHEN, JJ.

[99 A.D.3d 744]In an action to collect unpaid annual assessments, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Spinner, J.), dated December 16, 2010, as (1) granted that branch of the plaintiff's motion which was pursuant to CPLR 2606 for payment from funds belonging to the defendant Suzanne De Lisi and held in two accounts by the Suffolk County Treasurer in satisfaction of a judgment of the same court entered December 16, 2008, insofar as it was entered against the defendant Suzanne De Lisi, (2) denied their cross motion pursuant to CPLR 5015(a) to vacate the judgment, (3) denied that branch of their motion [99 A.D.3d 745]which was for release to the defendant Suzanne De Lisi of funds belonging to her and held by the Suffolk County Treasurer in the two accounts, and (4) denied, without a hearing, their separate motion to hold the plaintiff's counsel in civil and criminal contempt.

ORDERED that the appeal by the defendant Louis Paar from so much of the order as granted that branch of the plaintiff's motion which was pursuant to CPLR 2606 for the payment from funds belonging to the defendant Suzanne De Lisi and held in two accounts by the Suffolk County Treasurer in satisfaction of the judgment insofar as it was entered against the defendant Suzanne De Lisi is dismissed, as the defendant Louis Paar is not aggrieved by that portion of the order ( seeCPLR 5511); and it is further,

ORDERED that the appeal from so much of the order as denied that branch of the defendants' motion which was for the release to them of the funds held in the two accounts by the Suffolk County Treasurer is dismissed as academic in light of our determination of the remainder of the appeal; and it is further,

ORDERED that the order is affirmed insofar as reviewed, with one bill of costs.

In this action to recover unpaid annual assessments, the plaintiff obtained a judgment against the...

To continue reading

Request your trial
15 cases
  • Arnav Indus., Inc. v., Index No. 13965/1990
    • United States
    • New York Supreme Court
    • July 23, 2014
    ...289, 293 (1st Dep't 2004); Appalachian Ins. Co. v. General Elec. Co., 8 A.D.3d 109, 109 (1st Dep't 2004); Bay Crest Assn., Inc. v. Paar, 99 A.D.3d 744, 746 (2d Dep't 2012), A new action for fraud would be required to vacate a satisfaction of judgment only where the grounds for the vacatur o......
  • Baker v. Inamdar
    • United States
    • New York Supreme Court — Appellate Division
    • October 10, 2012
  • Lissauer v. Guideone Specialty Mut. Ins.
    • United States
    • New York Supreme Court — Appellate Division
    • September 18, 2013
    ...invoke the court's inherent power to vacate the default judgment in the interest of substantial justice ( see Bay Crest Assn., Inc. v. Paar, 99 A.D.3d 744, 746, 952 N.Y.S.2d 211). Accordingly, the Supreme Court properly denied that branch of the defendant's motion which was pursuant to CPLR......
  • Andersen v. Young & Rubicam, Inc.
    • United States
    • New York Supreme Court
    • July 16, 2013
    ...10 N.Y.3d 289, 293 (1st Dep't 2004); Appalachian Ins. Co. v. General Elec. Co., 8 A.D. 3d 109 (1st Dep't 2004); Bay Crest Assn., Inc. v. Paar, 99 A.D. 3d 744, 746 (2d Dep't 2012), plaintiff has failed to demonstrate a sufficient reason for vacating the judgment in the interests of justice, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT