Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion Papers Numbered Notice of Motion and Affidavits Annexed 1 Order to Show Cause Answering Affidavits Replying Affidavits Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, plaintiff’s motion for renewal of judgment and property lien, pursuant to CPLR §5014, is decided as follows: Plaintiff commenced an action by a notice of motion for summary judgment in lieu of complaint for renewal of judgment and property lien. On May 25, 2003 Contract Resources Services, LLC was able to obtain a default judgment against defendant, Albert E. Woolcock, Jr., in the amount of $8,401.79 on October 3, 2003. The present plaintiff, Credit One, LLC., was assigned the judgment, on or about July 15, 2019, by Contact Resource Services, LLC. Resource Services LLC had acquired a ten year lien on the defendant’s real property. A New York money judgment is enforceable for 20 years, but a real property lien resulting from a judgment is viable for only 10 years, Gletzer v. Harris, 12 NY 3d 466 (2009). The Legislature enacted CPLR 5014 to give a judgment creditor an opportunity to extend the life of the lien, by commencing an action for a renewal judgment. Such an action for a renewal judgment is timely commenced even though it was in instituted more than 10 years after the judgment was docketed. Moreover, the plaintiff made a prima facie showing of its entitlement to a renewal judgment by offering evidentiary proof that it was the original judgment creditor’s assignee, and that no part of the judgment had been satisfied. Premier Capital LLC v. Best Traders, Inc., 88 A.D. 3d 677 (2nd Dept. 2011). The Court notes that the motion was marked submitted on February 7, 2024, but the defendant was allowed to submit opposition by March 10, 2024. Defendant has failed to submit any opposition. Accordingly, the Court grants this motion for summary judgment. The Clerk will enter a judgment of default, against the defendant’s in the amount of $8,401.79, plus costs and disbursements. However, the Court will not permit the imposition of interest between October 3, 2013 (ten years after the original judgment) and the entry of judgment in this proceeding. Plaintiff will serve a copy of this order upon the defendant, with notice of entry, within 60 days of the entry of this order. This constitutes the decision and order of the Court. Dated: April 16, 2024
