AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

ROBIN BEAL, Respondent, v. JEFFREY BEAL, Appellant.

Ordered that the appeal from so much of the order dated August 23, 2004, as denied that branch of the defendant's motion which was for satisfaction of the money judgment dated February 27, 1987, or, alternatively, to vacate that judgment, is dismissed, as that portion of the order was superseded by the order entered May 19, 2005, in effect, made upon reargument; and it is further,

Ordered that the order dated August 23, 2004 is affirmed insofar as reviewed; and it is further,

Ordered that the order entered May 19, 2005 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Initially, we note that the defendant was entitled to appeal from so much of the order entered May 19, 2005, as, in effect, upon reargument, adhered to so much of the order dated August 23, 2004, as denied that branch of his motion which was for satisfaction of the money judgment dated February 27, 1987, without prejudice to renewal before Justice Joseph DeMaro ( see Drepaul v Allstate Ins. Co., 299 AD2d 391). On the merits, that branch of the motion was properly denied. The defendant failed to establish that the money judgment at issue had been satisfied ( see CPLR 5021 [a] [2]; Matter of Quiggle v Quiggle, 144 AD2d 1011), or that some basis existed for vacating it ( see CPLR 5015 [a]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 69).

The defendant's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

ROBIN BEAL v. JEFFREY BEAL
(Jul 11, 2006)