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Eagle Eye Collection Corp. v. Odery

No Evidence of Intent Regarding 'Gifts' Made to Judgment Debtor

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 were read on this motion to/for ENFORCE/EXEC JUDGMENT OR ORDER. DECISION + ORDER ON MOTION Plaintiff Eagle Eye Collection Corp. moves for an order of contempt against nonparty Laurie E. Palma, who allegedly violated a restraining notice by making payments she characterizes as gifts to the judgment debtor-defendant Susan Odery. Additionally, plaintiff moves to extend, for an additional five years, an expired post-judgment restraining notice it served on Palma, nunc pro tunc to the date the restraining notice expired. Palma cross-moves for an order quashing or striking post-judgment discovery demands served on her by plaintiff, as well as for sanctions. After consideration of the parties’ contentions, as well as a review of the relevant statutes and case law, the motions are decided as follows. On September 11, 2017, this Court entered a judgment, on default, in favor of plaintiff and against Odery in the amount of $92,103.49 which, with interest, now totals approximately $135,000. (DiResta Aff., 9, docket nos. 16, 26). Odery was a 50-50 partner in a small real estate business with Timothy DiResta. (Compl., 3, docket no. 1). Odery and DiResta co-guaranteed a loan for $75,000 for furniture, fixtures and equipment for the business. (Id., 4). At some point Mr. DiResta decided to end the partnership and Odery assumed the loan obligation and agreed to indemnify him. (Id., 5). When Odery could not meet her obligations she defaulted, the lender pursued DiResta, who paid the monies owed, and DiResta then made a claim against Odery for indemnification. (Id.

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