Tatick v. Tatick
| Decision Date | 01 June 1983 |
| Citation | 464 N.Y.S.2d 337,119 Misc.2d 729 |
| Parties | Claire A. TATICK, Judgment Creditor, v. Vincent J. TATICK, Judgment Debtor. |
| Court | New York Supreme Court |
Townsend, Rabinowitz, Pantaleoni & Valente, New York City, for judgment creditor (plaintiff).
Arenstein & Huston, P.C., New York City, for judgment debtor (defendant).
Motion by order to show cause pursuant to CPLR 5404 by defendant-judgment debtor for an order staying the enforcement of a New Jersey judgment against him on the ground that an appeal will be taken. Cross-motion by plaintiff-judgment creditor for an order conditioning any relief that may be granted to defendant-judgment debtor on the motion-in-chief upon his posting a bond.
Defendant-judgment debtor and plaintiff-judgment creditor are former husband and wife. This action was brought pursuant to CPLR Article 54 to enforce the provisions of a New Jersey Judgment of Divorce entered March 25, 1982 requiring judgment debtor (former husband) to pay judgment creditor alimony, child support, health insurance, life insurance premiums, attorneys' fees and costs, accountants' fees and equitable distribution of the marital property. On July 2, 1982, a supplementary order was entered in the New Jersey court requiring defendant-judgment debtor to fulfill his obligations under each paragraph of the Judgment of Divorce as they had accrued up to that date and which also provided that in the event that defendant did not fulfill those obligations within 15 days from the date of the order plaintiff could apply on an ex parte basis for the issuance of a bench warrant for the arrest of defendant. Defendant did not comply with the order, however plaintiff's counsel avers it would have been useless to seek the bench warrant for defendant's arrest as defendant was not physically in the State of New Jersey. Nor was it possible to enforce any part of the judgment in New Jersey as there were no known assets of defendant within that state.
Plaintiff, under the supervision of New Jersey counsel, subsequently retained New York counsel to commence proceedings in New York to enforce the Judgment of Divorce pursuant to the full faith and credit clause of the U.S. Constitution and Article 54 of the CPLR. On November 23, 1982, the Judgment of Divorce was docketed with the New York County Clerk pursuant to Article 54 of the CPLR. The County Clerk at that time advised that while the New Jersey judgment was sufficient for filing pursuant to Article 54 of the CPLR, it would not be given full lien effect as it was not in the form of a recovery against judgment debtor but simply directed him to pay certain sums of money. Therefore, pursuant to the advice of the County Clerk plaintiff commenced a proceeding in the New Jersey Superior Court, Monmouth County, to procure a Supplemental Judgment of Divorce in the appropriate form for full enforcement in New York. Defendant then moved to obtain a Supplemental Judgment to set aside the Judgment of Divorce. Plaintiff then cross-moved to punish defendant for contempt. The supplemental judgment sought by plaintiff, in the appropriate form, was entered in the New Jersey court on January 7, 1983 and presented to the New York County Clerk on February 4, 1983, where it was filed pursuant to CPLR Article 54 with full lien effect. Enforcement proceedings were commenced, culminating in the instant applications.
By order of March 8, 1983 of the Superior Court of Monmouth County defendant was held in contempt of court for failure to comply with the Judgment of Divorce entered March 25, 1982 and the order of July 2, 1982 to enforce said judgment, and was barred from litigating any issue in his motion until and unless he first paid into the court the sum of $34,244.97 for distribution to plaintiff and her counsel, representing the total amount due under the Supplemental Judgment entered in the New Jersey court on January 7, 1983. As of the original return date of the instant motion, March 4, 1983, and as of the dates of subsequent papers submitted herein, no claim has been made by defendant that he has purged himself of his contempt.
CPLR 5404, upon which the motion-in-chief is predicated, provides:
"(a) Based upon security in foreign jurisdiction. If the judgment debtor shows the supreme court that an...
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...to apply to all judgments taken by default, but only those where there is no appearance at all in the action" (Tatick v. Tatick, 119 Misc.2d 729, 732, 464 N.Y.S.2d 337 [1983], citing L & W Air Conditioning Co. v. Varsity Inn of Rochester, 82 Misc.2d 937, 371 N.Y.S.2d 997 [1975], affd. 56 A.......
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Scarnavack v. Amandio
...of security in the foreign appeal prior to the issuance of a stay in this state. In the case of Tatick v. Tatick, 119 Misc.2d 729, 464 N.Y.S.2d 337 (Sup. Ct., New York County 1983), a New Jersey court issued a judgement against defendant which plaintiff then docketed pursuant to Article 54 ......
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Miriam Kaller Family Irrevocable Trust v. Lincoln Benefit Life Co.
...to apply to all judgments taken by Page 6default, but only those where there is no appearance at all in the action" (Tatick v Tatick, 119 Misc 2d 729, 732 [1983], citing L & W Air Conditioning Co. v Varsity Inn of Rochester, 82 Misc 2d 937 [1975], affd 56 AD2d 735 [1977]; Paden v Warnke, 11......
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