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EVANGELISTA v. SLATT

295 A.D.2d 156 (2002)

743 N.Y.S.2d 274

LOUIS EVANGELISTA, Plaintiff, v. ABNER SLATT et al., Respondents. LEE AUSTER, Nonparty Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 11, 2002.

Any judgment herein cannot exceed "the amount that `could or would have been collected' in the underlying action" (McKenna v Forsyth & Forsyth, 280 A.D.2d 79, 82). Therefore, any payments or other transfers of value that appellant may have made in satisfaction of the liabilities underlying the default judgment, as well as appellant's ability to satisfy any such liabilities still outstanding, are material and necessary to the...

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