EVANGELISTA v. SLATT

Any judgment herein cannot exceed "the amount that `could or would have been collected' in the underlying action" (McKenna v. Forsyth Forsyth, 280 A.D.2d 79, 82). Therefore, any payments or other transfers of value that appellant may have made in satisfaction of the liabilities underlying the default judgment, as well as appellant's ability to satisfy any such liabilities still outstanding, are material and necessary to the defense of this action.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.