District Judge Margo K. Brodie


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Plaintiff moved for summary judgment in action for 10 year renewal of a 1994 state court money judgment. Defendant cross-moved for judgment on the pleadings. Non-party, Sequa Corp., obtained judgment jointly and severally against defendant and other entities. Plaintiff and defendant were involved in a dispute over a property, which was foreclosed upon when plaintiff failed to pay the mortgage. Sequa assigned the judgment to plaintiff, who sought turnover of the mortgage and note in satisfaction of the judgment, as plaintiff contended the foreclosing entity was the alter ego of defendant. In response, defendant argued that plaintiff could not enforce the judgment without violating champerty. The state court ruled that plaintiff acquired the judgment for a non-champertous purpose but did not establish that plaintiff had a possessory interest in the note and mortgage. The court granted plaintiff’s motion and denied defendant’s first ruling; plaintiff could obtain complete relief without the other debtors. The court held that plaintiff made a prima facie showing, entitling him to renew the judgment since he was the assignee of the original judgment creditor and waited more than 10 years after the first docketing of the judgment.