Smith v. Ralph Dinapoli Landscaping, Inc., 111 A.D.3d 841 (N.Y. App. Div. 2013). · Go Syfert
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Smith v. Ralph Dinapoli Landscaping, Inc., 111 A.D.3d 841 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
“the petitioners' submissions demonstrated that the judgment obtained by the appellant was not docketed under the correct surname of a title owner of the subject property. therefore, no valid lien against the subject real property was created.”
15 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: United States Securities and Exchange Commission v. Borland (nysd, 2024-10-02)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States Securities and Exchange Commission v. Borland
S.D.N.Y. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the petitioners' submissions demonstrated that the judgment obtained by the appellant was not docketed under the correct surname of a title owner of the subject property. therefore, no valid lien against the subject real property was created.
discussed Cited as authority (rule) Kunin v. Guttman (2×) also: Cited "see"
N.Y. App. Div. · 2020 · confidence medium
"CPLR 5203(a) gives priority to a judgment creditor over subsequent transferees with regard to the debtor's real property in a county where the judgment was docketed with the clerk of that county" ( Matter of Smith v Ralph Dinapoli Landscaping, Inc. , 111 AD3d 841, 841-842 [internal quotation marks omitted]; see CPLR 5203[a]; Matter of Accounts Retrievable Sys., LLC v Conway , [*2] 83 AD3d 1052, 1053 ).
discussed Cited "see" Charles v. Berman
N.Y. App. Div. · 2021 · signal: see · confidence high
Pursuant to CPLR 5018(c), a judgment is docketed in a given county when the clerk of that county makes an entry "'under the surname of the judgment debtor, . . . consist[ing] of . . . the name and last known address of [the] judgment debtor'" ( Kunin v Guttman , 181 AD3d 880, 881 , quoting CPLR 5018[c][1][i]; see Matter of Smith v Ralph Dinapoli Landscaping, Inc. , 111 AD3d 841, 842 ), and, where, as here, there is more than one debtor, "[u]nder the surname of every other judgment debtor . . . consist[ing] of [the] name and last known address and an appropriate cross-reference to the first ent…
discussed Cited "see, e.g." Financial Assistance, Inc. v. Graham (2×)
N.Y. App. Div. · 2021 · signal: see also · confidence low
Bank & Trust Co. , 138 AD2d 437, 438 ; see also Matter of Smith v Ralph Dinapoli Landscaping, Inc. , 111 AD3d 841, 842 ; We Buy Now, LLC v Cadlerock Joint Venture, LP , 46 AD3d 549, 550 ).
Retrieving the full opinion text from the archive…
In the Matter of Gregory M. Smith
v.
Ralph Dinapoli Landscaping, Inc., Doing Business as Country Landscaping
Appellate Division of the Supreme Court of the State of New York.
Nov 20, 2013.
111 A.D.3d 841
Cited by 7 opinions  |  Published

In a proceeding pursuant to CPLR 5239, inter alia, to determine that certain real property is free and clear of a judgment lien asserted by Ralph Dinapoli Landscaping, Inc., doing business as Country Landscaping, the appeal is from an order of the Supreme Court, Suffolk County (Pines, J.), dated May 1, 2012, which granted the petition, vacated the execution of the judgment lien, and directed the Suffolk County Sheriff to release the real property from the levy.

Ordered that the order is affirmed, with costs.

“CPLR 5203 (a) gives priority to a judgment creditor over[*842] subsequent transferees with regard to the debtor’s real property in a county where the judgment has been docketed with the clerk of that county” (Matter of Accounts Retrievable Sys., LLC v Conway, 83 AD3d 1052, 1053 [2011]; see CPLR 5203 [a]; Matter of Soressi v SWF, L.P., 81 AD3d 1143, 1144 [2011]). Pursuant to CPLR 5018 (c), a judgment is docketed when the clerk makes an entry “under the surname of the judgment debtor . . . consisting] of . . . the name and last known address of [the] judgment debtor” (CPLR 5018 [c] [1] [i]; see Matter of Accounts Retrievable Sys., LLC v Conway, 83 AD3d at 1053). “ ‘Once docketed, a judgment becomes a lien on the real property of the debtor in that county’ ” (Matter of Accounts Retrievable Sys., LLC v Conway, 83 AD3d at 1053, quoting Matter of Soressi v SWF, L.P., 81 AD3d at 1144). Here, the petitioners’ submissions demonstrated that the judgment obtained by the appellant was not docketed under the correct surname of a title owner of the subject property. Therefore, no valid lien against the subject real property was created (see We Buy Now, LLC v Cadlerock Joint Venture, LP, 46 AD3d 549, 550 [2007]; cf. H. R. & C. Co., Inc. v Smith, 242 NY 267 [1926]; Matter of Accounts Retrievable Sys., LLC v Conway, 83 AD3d at 1053).

The appellant’s remaining contentions are either without merit or not properly before this Court.

Accordingly, the Supreme Court properly granted the petition, vacated the execution of the judgment lien, and directed the Suffolk County Sheriff to release the property from the levy. Eng, PJ., Dickerson, Chambers and Hall, JJ., concur.