OPINION OF THE COURT Motion by plaintiff for an order of attachment directing the Sheriff of New York County to levy against the property of defendant, which is presently held by the Highland National Bank, Woodstock, New York, in the name of Daniel Kornstein and S. David Harrison as escrow agents.
The parties were divorced in California on October 26, 1977. Plaintiff, Elayne S. Glotzer was awarded a judgment of divorce which included spousal support, child support and maintenance. At the present time plaintiff is a resident of New York and defendant, Bennett H. Glotzer, is a resident of California. Plaintiff alleges that defendant failed to comply with the California divorce judgment in that he refused to pay the ordered child support, spousal support and maintenance. The plaintiff claims that the defendant has accumulated arrears, commencing January 1, 1981 totaling approximately $10,000.
In an effort to compel compliance with the California decree, plaintiff filed an authenticated copy of the California divorce judgment in New York County (in accordance with CPLR 5402) on June 23, 1981 which she duly served on defendant by way of certified mail, return receipt requested. Defendant acknowledged receipt on July 13, 1981. On July 16, 1981 plaintiff brought this action seeking a money judgment against defendant for $10,000 representing the accumulated arrearages.
In an unrelated action entitled Glotzer v Grossman Glotzer Mgt. Corp. (Supreme Ct, NY County, Index No. 22487/79), Bennett Glotzer was awarded a $165,896.72 judgment on December 11, 1980. In order to pursue their appeal, Grossman Glotzer Management Corp. filed an undertaking in the sum of $165,896.72 in the form of a certificate of deposit (C.D.) with the Highland National Bank, Woodstock, New York, in the name of Daniel Kornstein and S. David Harrison as escrow agents. Leave to appeal was denied by the Appellate Division on June 23, 1981. The C.D. matured in August, 1981. On July 13, 1981 (the same day defendant acknowledged receipt of the authenticated copy of the California ...