| Finneran v Conneally |
| 2025 NY Slip Op 50891(U) [86 Misc 3d 1208(A)] |
| Decided on May 23, 2025 |
| Supreme Court, Westchester County |
| Jamieson, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Timothy P. Finneran, Plaintiff,
against Thomas J. Conneally, HIGHLAND CLIFFS, LLC and COTTAGE INTERNATIONAL DEVELOPMENT GROUP, LLC, Defendants. |
The following paper numbered 1 was read on this motion:
Paper NumberPlaintiff has a judgment against defendant Conneally in this matter. This judgment was entered on March 23, 2015. According to the Court's last Decision and Order, from 2021, plaintiff has been paid a large part of what he is owed, but at that time approximately $58,000-$68,000 was still outstanding.
On this motion, filed before the ten-year anniversary of the judgment, plaintiff states that he has been unable to be paid in full, and thus he brings this motion seeking to extend his lien for another ten-year period. CPLR § 5014 "provides a means for a lienholder, whose 10—year real property lien is within its final year, to bring a renewal action during the last year of the lien." Gletzer v. Harris, 12 NY3d 468, 474 (2009). This is what plaintiff has done.
Despite proper service, the Court received no opposition from defendant. Accordingly, the motion is granted. Plaintiff may submit this Decision and Order to the Judgment Clerk to have his March 23, 2015 judgment renewed. Plaintiff shall send a copy of this Decision and Order to defendant by overnight mail within three business days of receipt at his last known addresses.
The foregoing constitutes the decision and order of the Court.
Dated: May 23, 2025