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The Law Offices of Clifford v. Arnold G. Shurkin

November 21, 2011

THE LAW OFFICES OF CLIFFORD G. KLEINBAUM, PLAINTIFF-RESPONDENT,
v.
ARNOLD G. SHURKIN, ESQ., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. DJ-240290-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 19, 2011

Before Judges Cuff, Lihotz and Waugh.

Defendant, Arnold G. Shurkin, retained plaintiff, The Law Offices of Clifford G. Kleinbaum, to represent him in an action commenced in New York against him and others. When defendant failed to pay the balance due for fees incurred in that matter, plaintiff sued defendant in New York. Plaintiff obtained summary judgment in its favor and commenced proceedings to enforce that judgment in New York pursuant to New York law. Plaintiff domesticated the New York judgment in New Jersey, and defendant sought an order in New Jersey for a stay of execution of the New York judgment and permission to commence a plenary action against Valley National Bank (Valley). Defendant appeals from the order denying this relief. We affirm.

The issues in this appeal center on plaintiff's efforts to collect the judgment obtained in New York; therefore, our discussion is confined to the post-judgment period. On July 2, 2010, the $12,088.28 judgment against defendant was entered in the docket of the Westchester County, New York Clerk's Office. Plaintiff served defendant's New York attorneys with a copy of the judgment with a Notice of Settlement. Defendant filed a notice of appeal; plaintiff received it on July 6, 2010. Defendant ...


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