Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered March 28, 2007. The order granted defendant's motion to enter a satisfaction of judgment.

Order affirmed without costs, and without prejudice to a motion by plaintiff seeking renewal, in accordance with the decision herein.

Defendant brought the subject motion to have a small claims judgment in plaintiff's favor, entered January 9, 2006, deemed satisfied alleging that the judgment amount had been paid. In opposition to the motion, plaintiff submitted exhibits which indicated that defendant's claim of having satisfied the judgment was fraudulent. However, plaintiff submitted no affidavit denying receipt of the amount of the judgment from defendant or setting forth factual allegations to support the evidence of fraud. Under the circumstances, therefore, the court below did not improvidently exercise its discretion in granting defendant the requested relief.

In view of the evidence of alleged fraud submitted by plaintiff, plaintiff may, if it be so advised, move in the court below, upon sworn, proper papers, seeking leave to renew and, upon renewal, denial of defendant's motion to enter a satisfaction of judgment.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: July 1, 2008