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GLETZER v. HARRIS

51 A.D.3d 196 (2008)

854 N.Y.S.2d 10

MORRIS I. GLETZER, Also Known as MORRIS I. GLECER, Respondent, v. AMOS HARRIS, Appellant. GREENPOINT MORTGAGE FUNDING, INC., et al., Appellants, v. MORRIS I. GLETZER, Also Known as MORRIS I. GLECER, Respondent, et al., Respondents.

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

March 13, 2008.

Attorney(s) appearing for the Case

Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York City (David A. Pellegrino and David J. Kanfer of counsel), for Amos Harris, appellant.

Hofheimer Gartlir & Gross, LLP, New York City (David L. Birch of counsel), for Greenpoint Mortgage Funding, Inc., and another, appellants.

Altman Schochet LLP, New York City (Zalman Schochet of counsel), for Morris I. Gletzer, respondent.

LIPPMAN, P.J., MAZZARELLI, WILLIAMS and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SAXE, J.

These two related appeals present issues arising under CPLR 5014 where a judgment creditor who seeks a renewal judgment in order to continue a lien against the judgment debtor's real property after the first 10 years of the judgment's life either cannot or does not obtain the necessary renewal judgment prior to the expiration of the first 10-year period.

Plaintiff Morris...

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