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Cadlerock Joint Venture, L.P. v. Saje Enterprises LLC

Supreme Court, New York

March 29, 2013

CADLEROCK JOINT VENTURE, L.P., Plaintiff,
v.
SAJE ENTERPRISES LLC and BEREY WEISS, Defendants Index No. 116457/2007

Unpublished Opinion

DECISION AND ORDER

LOUIS B. YORK, J.

In this action, plaintiff seeks an order, under CPLR § 5226, directing co-defendant Berey Weiss ("Weiss") to pay off the judgment against him in monthly installments of $8, 666.66. The Court denies this motion for several reasons. Plaintiff has not explained how it arrived at this amount. Even if it were correct that Weiss' salary is $102, 000 annually, that would equal $8, 500.00 per month. It is unclear why the monthly installments should exceed this amount.

In addition, plaintiff has not met its evidentiary burden. To the extent that plaintiff tries to support its request, plaintiff relies entirely on the facts that (1) there is a judgment against defendants for $101, 582.27 plus interest at the statutory rate from April 3, 2008, along with costs and disbursements of $585.00 and (2) at deposition, Weiss testified as to his salary and expenses. It provides adequate proof of the existence of the judgment. However, plaintiff annexes an unnotarized excerpt from Weiss' testimony, and based on the excerpt it appears that plaintiff has misconstrued the testimony in several respects. For the sole purpose of explaining its own statement, the Court quotes the unnotarized incomplete portion of the transcript below. First, as to Weiss' salary, plaintiffs affirmation in support includes the following deposition excerpt:

Q: How are you compensated by Preferred Homecare?
A: Weekly check.
Q: Is it the same every week?
A: Yes.
Q: How much is that?
A; Two thousand dollars?
Q: Exactly?
A: Yes

However, plaintiff fails to include testimony which also appear in the deposition, ...


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