A & M Wholesale Flower v June Flower Shop

[*1] A & M Wholesale Flower v June Flower Shop 2008 NY Slip Op 51416(U) [20 Misc 3d 130(A)] Decided on July 1, 2008 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 1, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2007-747 K C.

A & M Wholesale Flower, Appellant,

against

June Flower Shop, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered March 28, 2007. The order granted defendant's motion to enter a satisfaction of judgment.

Order affirmed without costs, and without prejudice to a motion by plaintiff seeking renewal, in accordance with the decision herein.

Defendant brought the subject motion to have a small claims judgment in plaintiff's favor, entered January 9, 2006, deemed satisfied alleging that the judgment amount had been paid. In opposition to the motion, plaintiff submitted exhibits which indicated that defendant's claim of having satisfied the judgment was fraudulent. However, plaintiff submitted no affidavit denying receipt of the amount of the judgment from defendant or setting forth factual allegations to support the evidence of fraud. Under the circumstances, therefore, the court below did not improvidently exercise its discretion in granting defendant the requested relief.

In view of the evidence of alleged fraud submitted by plaintiff, plaintiff may, if it be so advised, move in the court below, upon sworn, proper papers, seeking leave to renew and, upon renewal, denial of defendant's motion to enter a satisfaction of judgment.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: July 1, 2008