Matter of Schwartz v Tepper

Matter of Schwartz v Tepper 2009 NY Slip Op 08019 [67 AD3d 688] November 4, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

In the Matter of Efraim Schwartz, Appellant,
v
Martin B. Tepper, Respondent.

—[*1] Alter and Barbaro, Brooklyn, N.Y. (B. Mitchell Alter of counsel), for appellant.

Richard Creditor LLC, Forest Hills, N.Y., for respondent.

In a proceeding to enforce a money judgment, the petitioner appeals from an order of the Supreme Court, Queens County (Markey, J.), dated July 17, 2008, which denied his motion for leave to enter a money judgment against the respondent.

Ordered that the order is affirmed, with costs.

The petitioner commenced this proceeding in an attempt to collect from the respondent a money judgment which the petitioner allegedly obtained against a nonparty, Kingswood Management, Inc. (hereinafter Kingswood), in 1997. Thereafter the petitioner moved for leave to enter a money judgment against the respondent in the sum of $42,000. The Supreme Court denied the motion. We affirm.

The record is devoid of any proof which would warrant the summary conclusion that the respondent is liable to the petitioner for the judgment which the petitioner allegedly obtained against Kingswood (see CPLR 5225 [b]; Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135, 141 [1993]; Matter of Goldman v Chapman, 44 AD3d 938 [2007]; Mistrulli v McFinnigan, Inc., 39 AD3d 606 [2007]). Accordingly, the court properly denied the motion.

The petitioner's remaining contention is without merit. Santucci, J.P., Chambers, Hall and Roman, JJ., concur.