Condor Capital Corp. v Kramer

[*1] Condor Capital Corp. v Kramer 2009 NY Slip Op 52198(U) [25 Misc 3d 1220(A)] Decided on October 29, 2009 Mount Vernon City Court Seiden, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through November 4, 2009; it will not be published in the printed Official Reports.

Decided on October 29, 2009
Mount Vernon City Court

Condor Capital Corp., Plaintiff,

against

Sarah Kramer, John Giglio, Defendants.



1912-09



E. Hope Greenberg, Esq.

Attorney for Plaintiff

2650 Merrick Road, Suite 101

Bellmore, New York 11710

Sarah Kramer

Defendant Pro Se

175 18th Avenue, PH

Brick, New Jersey 08724

John Giglio

Defendant Pro Se

175 18th Avenue, PH

Brick, New Jersey 08724

Adam Seiden, J.

In this action seeking to recover the unpaid balance due for a retail installment contract for which an out-of-state judgment has been entered, the plaintiff moves for summary judgment in lieu of complaint pursuant to CPLR § 3213. The defendants have not opposed the motion.

The plaintiff's motion papers allege that plaintiff entered into a retail installment contract, specifically a car loan, with defendants Sarah Kramer and John Giglio and that defendants defaulted on the loan. Plaintiff further alleges that it commenced an action in New Jersey against defendants and was granted a default judgment against defendants in the amount of $14,531.39 on August 14, 2008. A certified copy of the judgment is attached to plaintiff's moving papers.

CPLR § 3213 permits an accelerated judgment " when an action is based upon an instrument for payment of money only or upon any judgment." Although plaintiff moved under CPLR § 3213 on the grounds that the instant action is based upon an instrument for payment of money only, it is more properly considered under that portion of the CPLR § 3213 based upon "any judgment" since plaintiff already has a judgment entered against defendants in New Jersey.

The Full Faith and Credit Clause of Article 4 of the Constitution of the United States requires the courts of New York to enforce judgments entered in other states and precludes inquiry into the merits of the judgment. Buckeye Retirement Co., LLC. v. Lee, 41 AD3d 183 (1st Dept. 2007). The fact that an out-of-state judgment was entered on default does not affect its adequacy as a ground for relief pursuant to CPLR § 3213. Westland Garden State Plaza, LP v. Ezat, Inc., 25 AD3d 516 (1st Dept. 2006).

In the case at bar, plaintiff has attached a certified copy of judgment entered against defendants in New Jersey. A review of the Court's file indicates that defendants were personally served with a copy of the instant motion, and no opposition has been received.

Plaintiff's motion for summary judgment in lieu of complaint, pursuant to CPLR § 3213 in favor of plaintiff and against defendants in the sum of $14,531.39 with interest at 9% thereon from August 14, 2008, together with the costs and disbursements of this [*2]action is granted.

The above constitutes the Decision and Order of the Court.

The Court considered the following papers on this motion: Notice of Motion for Summary Judgment in Lieu of Complaint dated April 2, 2009; Affidavit in Support; Exhibits.

Dated: October 29, 2009

Mount Vernon, New York

HON. ADAM SEIDEN

City Judge of Mount Vernon

To:

E. Hope Greenberg, Esq.

Attorney for Plaintiff

2650 Merrick Road, Suite 101

Bellmore, New York 11710

Sarah Kramer

Defendant Pro Se

175 18th Avenue, PH

Brick, New Jersey 08724

John Giglio

Defendant Pro Se

175 18th Avenue, PH

Brick, New Jersey 08724