Legal Opinion

Bay Crest Ass'n v. Paar

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

Decided October 10, 2012Published

1Opinion of the Court

*745In this action to recover unpaid annual assessments, the plaintiff obtained a judgment against the defendants entered December 16, 2008. The judgment was affirmed by this Court on a prior appeal (see Bay Crest Assn., Inc. v Paar, 72 AD3d 713 [2010]).

The plaintiff then moved pursuant to CPLR 2606 for payment in partial satisfaction of the judgment from funds deposited by the defendants and held by the Suffolk County Treasurer. The defendants cross-moved pursuant to CPLR 5015 (a) to vacate the judgment based on fraud, misrepresentation, or other misconduct. The defendants also separately moved,…

2Cases cited7 opinions

  1. Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
  2. Jaffe v. JaffeAppellate Division of the Supreme Court of the State of New York · 2007
  3. Badgett v. BadgettAppellate Division of the Supreme Court of the State of New York · 2003
  4. Alderman v. AldermanAppellate Division of the Supreme Court of the State of New York · 2010
  5. Bay Crest Ass'n v. PaarAppellate Division of the Supreme Court of the State of New York · 2010

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