Filed: Feb. 08, 2012
Latest Update: Feb. 08, 2012
Summary: MARGARET A. CHAN, J. Judge, Civil CourtRecitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Pursuant to CPLR 3212, plaintiff made the instant motion for summary judgment. Plaintiff is the owner of a court reporting service that provided stenographic services for legal proceedings to defendants, an attorney and his law firm, (hereafter, "defendant") and won multiple small claims judgments against him. There are seven unpaid judgments: two (2) from 2
Summary: MARGARET A. CHAN, J. Judge, Civil CourtRecitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Pursuant to CPLR 3212, plaintiff made the instant motion for summary judgment. Plaintiff is the owner of a court reporting service that provided stenographic services for legal proceedings to defendants, an attorney and his law firm, (hereafter, "defendant") and won multiple small claims judgments against him. There are seven unpaid judgments: two (2) from 20..
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MARGARET A. CHAN, J.
Judge, Civil CourtRecitation, as required by CPLR §2219(a), of the papers considered in the review of this motion:
Pursuant to CPLR § 3212, plaintiff made the instant motion for summary judgment. Plaintiff is the owner of a court reporting service that provided stenographic services for legal proceedings to defendants, an attorney and his law firm, (hereafter, "defendant") and won multiple small claims judgments against him. There are seven unpaid judgments: two (2) from 2005; and five (5) from 2007. This is an action brought in accordance with CCA § 1812, for treble damages against a debtor who has defaulted on multiple small claims judgments. Plaintiff seeks an award in the amount of $124, 416.93, plus reasonable counsel fees, interest, and the costs and disbursements of this action pursuant to CCA § 1812.
Procedurally, plaintiff initially moved for summary judgment in July, 2011. After several adjournments for defendant to file opposition, defendant's attorney made an order to show cause to be relieved as counsel. On September 22, 2011, pursuant to an order of another judge of this court, defendant's attorney was relieved and defendant was to submit opposition papers to this motion by October 31, 2011. The instant motion was adjourned to November 4, 2011 and then again to November 22, 2011. On that date, it was indicated to the court that the parties were discussing a possible settlement, however, as of the date of this order no settlement was reached. Defendant has failed to submit opposition in this matter but, acting pro se, orally opposed the motion.
CCA § 1812(b) permits the commencement of an action for treble where:
1. there is a recorded judgment of a small claims court; and
2. (i) the aforesaid judgment resulted from a transaction in the course of the trade or business of the judgment debtor, or arose out of a repeated course of dealing or conduct of the judgment debtor, and (ii) there are at least two other unsatisfied recorded judgments of a small claims court arising out of such trade or business or repeated course of dealing or conduct, against that judgment debtor; and
3. the judgment debtor failed to satisfy such judgment within a period of thirty days after receipt of notice of such judgment. Such notice shall be given in the same manner as provided for the service of a summons or by certified mail, return receipt requested, and shall contain a statement that such judgment exists, that at least two other unsatisfied recorded judgments exist, and that failure to pay such judgment may be the basis for an action, for treble the amount of such unsatisfied judgment, pursuant to this section.
Plaintiff proffered that there are seven (7) unpaid recorded small claims judgments, and attached a copy of each notice of judgment to the verified complaint in this action. They are all actions captioned as Harriet Beizer against John M. Ioannou and Ioannou and Associates, with the following index numbers, judgment amounts, and dates of judgment from Queens and New York Counties:
Index Number Judgment Amount Date of Judgment
SCNY 6193/03 $3,235.35 04/07/05
SCNY 1491/04 $5,121.34 04/07/05
SCQ 7707/05 (51-52) $2,216.16 11/28/07
SCQ 3930/06 (41-42) $7,370.55 11/28/07
SCQ 3972/06 (41-42) $8,012.26 11/28/07
SCQ 3973/06 (41-42) $7,473.46 11/28/07
SCQ 7706/06 (51-52) $8,043.22 11/28/07
Plaintiff provided proof of notice of the judgments, pursuant to CCA § 1812(b)(3), by certified mail, return receipt requested, sent to defendant on February 12, 2008. Plaintiff's notice provided the other necessary information as described in CCA § 1812(b)(3). Plaintiff has satisfied all of the sections of 1812(b) to successfully pursue treble damages against defendant. The total amount of plaintiff's small claims judgments equals $41,472.34. Treble damages, at three times that amount, is $124,417.02. Plaintiff's complaint, however, demanded $124, 416.93. Defendant offered no opposition or argument in his favor.
As there is simply no triable issue of fact remaining (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 325 [Ct App 1986]), summary judgment on behalf of plaintiff is granted in the amount of $124, 416.93, plus reasonable counsel fees, costs and disbursements of this action and accrued interest on the small claims judgments to run from their respective judgment dates.
Plaintiff also requested that in accordance with CCA § 1812(c) this court notify the Disciplinary Committee for the First Judicial Department. CCA § 1812(c) states, in pertinent part, that the court shall "advise the attorney general . . . and . . .advise the state or local licensing or certifying authority." A copy of this order shall be provided to the attorney general, and the Second Appellate Division.1
This constitutes the decision and order of the court.
