[*1]
Winter v Peresiper
2025 NY Slip Op 51405(U) [86 Misc 3d 1273(A)]
Decided on September 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 2, 2025
Supreme Court, Westchester County


Robin Winter, as Executor of the Estate of Howard N. Blitman, Plaintiff,

against

Gary S. Peresiper and HNB CASHEL BAY LLC, Defendants.




Index No. 64542/2025


DelBello Donnellan et al.
Attorneys for Plaintiff/Third Party Defendant
One North Lexington Avenue, 11th Fl.
White Plains, New York 10601

Gary Peresiper

HNB Cashel Bay, LLC


Linda S. Jamieson, J.

The following paper numbered 1 was read on this motion:

Papers Numbered

Notice of Petition, Petition and Exhibits 1

In April 2025, this Court granted summary judgment to petitioner in a related matter. The Court awarded petitioner a Judgment in the amount of $1,011,589.41, plus interest at the statutory rate from the date of entry of that Decision and Order. As of the date of the entry of the Judgment, on May 8, 2025, the sum owed was $1,012,145.69.

Now, on this petition, petitioner seeks (1) an Order directing that respondent HNB Cashel Bay, LLC ("HNB") turn over to petitioner any funds held on behalf of respondent Peresiper, and any debt owed to him, in full or partial satisfaction of the Judgment, together with interest accrued and to execute and deliver any document necessary to effect said payment to petitioner; and (2) pursuant to New York Limited Liability Company Law § 607, charging the Peresiper's membership interest in HNB with payment of the Judgment.

Despite proper service of the Notice of Petition, petition and exhibits, neither respondent responded. A review of the papers shows that there is no reason to deny the petition. It is, accordingly, granted in its entirety. Petitioner shall send a copy of this Decision and Order to [*2]respondents by overnight mail at all last known addresses within two business days of receipt.

The foregoing constitutes the decision and order of the Court.[FN1]

Dated: September 2, 2025
White Plains, New York
HON. LINDA S. JAMIESON
Justice of the Supreme Court

Footnotes


Footnote 1:All other arguments raised, and all materials submitted by the parties in connection therewith, have been considered by this Court, notwithstanding the specific absence of reference thereto.