Legal Opinion

Smith v. Ralph Dinapoli Landscaping, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2013PublishedCited by 7 opinions

1Opinion of the Court

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 *842subsequent transferees with…

2Cases cited4 opinions

  1. We Buy Now, LLC v. Cadlerock Joint Venture, LPAppellate Division of the Supreme Court of the State of New York · 2007
  2. H. R. & C. Co. v. SmithNew York Court of Appeals · 1926
  3. Soressi v. SWF, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Accounts Retrievable System, LLC v. ConwayAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by7 opinions

  1. Financial Assistance, Inc. v. GrahamAppellate Division of the Supreme Court of the State of New York · 2021
  2. Myrtle 684, LLC v. TauberAppellate Division of the Supreme Court of the State of New York · 2020
  3. Kunin v. GuttmanAppellate Division of the Supreme Court of the State of New York · 2020
  4. Charles v. BermanAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Kapitaj v. Hampshire Abstract, Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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