Public-domain · open source
OpenJurist

58 Misc. 2d 335

Lintern v. Lintern

New York County Courts

Decided December 13, 1968

New York County Courts · decided 1968-12-13

Cited by 1 later decisions — most recently April 2005

Good law ✅— No negative treatment on recordhow we know

Decided 1968-12-13

View the full empirical analysis of this case →

Albert Orenstein, J.

¶1Defendant has brought a motion before this court to vacate and set aside a judgment entered against him in City Court of the City of Syracuse on or about July 12,1968. A transcript of the said judgment was thereafter docketed in the County Clerk’s office of the County of Onondaga.

¶2His proceeding is in the nature of a motion to open a default judgment and to stay the enforcement thereof by the Sheriff of Onondaga County.

¶3The docketing of the transcript of the judgment rendered in City Court in the County Clerk’s office provides an aid to enforce the judgment but does not give this court jurisdiction to consider this application.

¶4CPLR 5015 (subd. [a]) clearly requires that an application of this nature must be made in the court which rendered the judgment, viz: the City Court of the City of Syracuse. (See Brenner v. Arterial Plaza, 29 A D 2d 815.)

¶5The motion is, therefore, denied without prejudice to an application for the same relief in the City Court of Syracuse.

/58/misc2d/335 · .json · Public domain