The plaintiff failed to establish its prima facie entitlement to a renewal judgment, as it did not submit evidentiary proof that it was the assignee of the original judgment creditor prior to the commencement of this action, pursuant to CPLR 5014[1]. The affidavit of the plaintiff's president, submitted in support of the motion, fails to establish the date and circumstances of the assignment, if any, of the original judgment.
Accounts Retrievable Sys., LLC v. McKiernan, NY Slip Op 02899 (2d Dep't May 29, 2024)
