The Cadle Company v. Biberaj
| Citation | 763 N.Y.S.2d 751,307 A.D.2d 889 |
| Parties | THE CADLE COMPANY, Appellant,<BR>v.<BR>HASAN BIBERAJ, Respondent. |
| Decision Date | 28 August 2003 |
| Court | New York Supreme Court Appellate Division |
In this action upon a judgment pursuant to CPLR 5014 (1), the motion court properly granted defendant's motion to vacate his default, but erred in then denying plaintiff's summary judgment motion. An assignee of a judgment is an "original party" to the judgment for the purpose of renewing a judgment lien (cf. Saxe v Peck, 139 App Div 419 [1910]) and plaintiff submitted sufficient evidence to establish that it was, in fact, the assignee of the original judgment entered in New York County on June 8, 1990 in favor of Southeast Bank, N.A. and against defendant. Plaintiff submitted a copy of the original judgment filed in New York County and a certified copy of the assignment of such judgment by "First Union National Bank of Florida, a National Banking Association, successor to Southeast Bank N.A. (`Assignor'), as owner and holder of that Statement For Judgment against defendants [sic] Hasan Biberaj (`Judgment') entered in the Supreme Court State of New York in and for New York County, New York, Case No. 7435/90 on June 8, 1990," which was filed in Duval County, Florida on September 10, 1997. Such evidence was sufficient to warrant granting plaintiff's motion for summary judgment and directing entry of a renewal judgment pursuant to CPLR 5014 (1).
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