Matter of White Plains Plaza Realty, LLC v. Cappelli Enters., Inc.

In a proceeding by a judgment creditor pursuant to CPLR 5227, Cappelli Enterprises, Inc., appeals from a judgment of the Supreme Court, Westchester County (Smith, J.), dated June 5, 2013, which, upon an order of the same court dated May 30, 2013, granting the petitioner’s motion for summary judgment on the petition and denying its cross motion for summary judgment dismissing the petition, is in favor of the petitioner and against it in the principal sum of $900,561.53.

Ordered that the judgment is affirmed, with costs.

In 2009, the petitioner obtained a judgment (hereinafter the 2009 judgment)…