Opinion
Index No. EF2020-68584
10-28-2021
METRO COLLECTION SERVICE, INC., Plaintiff, v. Matthew D. MERRIHEW, Defendant.
Law Offices of Steven Cohen, LLC, Bronx (Adam Nichols, of counsel), for plaintiff. Matthew D. Merrihew, Glens Falls, pro se.
Law Offices of Steven Cohen, LLC, Bronx (Adam Nichols, of counsel), for plaintiff.
Matthew D. Merrihew, Glens Falls, pro se.
Robert J. Muller, J.
On September 27, 2016, the Combined Court, Jefferson County in the State of Colorado issued a Judgment in favor of plaintiff and against defendant in the amount of $5,618.79 plus interest at the rate of 18% per annum, compounded annually. To date, the Judgment has not been paid. Defendant now resides in the City of Glens Falls, Warren County and, on December 30, 2020, plaintiff commenced this action to obtain a Judgment in New York based upon the unsatisfied Judgment in Colorado. Specifically, plaintiff seeks a Judgment in the amount of $10,163.08 with interest continuing at the rate of 18% per annum. Defendant was personally served on January 1, 2021 and thereafter failed to appear. Presently before the Court is plaintiff's motion for a default judgment.
Plaintiff is entitled to a default judgment in the amount of $10,163.08 (see CPLR 3215 [a] ). Interest on the amount, however, shall not continue at the rate of 18% per annum.
Plaintiff relies upon Hospital Serv. Plan of N.J. v Warehouse Prod. & Sales Empls. Union (76 AD2d 882 [1980] ) in support of its request that interest should continue at the Colorado rate. There, the Appellate Division, Second Department found that "[a] judgment rendered in a sister State ... is entitled, under the principles of full faith and credit, to enforcement together with the rate of interest applicable in the State in which it was originally rendered" (id. ). That being said, in Wells Fargo & Co. v Davis (105 NY 670 [1887] ), the Court of Appeals expressly found that "that the interest to be allowed ... should be governed by the law in force in this State" ( id. at 673 ) — and this finding has since been adopted by other Courts (see e.g. Cahn v Cahn [119 Misc 2d 150, 151-152 [Civ Ct, Bronx County 1983] ).
Under the doctrine of stare decisis , where the Court of Appeals has pronounced a rule this Court is bound to follow it (see Mountain View Coach Lines v. Storms , 102 AD2d 663, 664 [1984] ). Accordingly interest on the judgment amount shall be at the statutory rate of 9% per annum, as provided in CPLR 5004.
Therefore, having considered NYSCEF documents 1 through 11 and 14 through 16, it is hereby
ORDERED that plaintiff's motion for a default judgment is granted in its entirety; and it is further
ORDERED and ADJUDGED that interest on the judgment amount shall be at the statutory rate of 9% per annum, as provided in CPLR 5004 ; and it is further
ORDERED that any relief not specifically addressed herein has nonetheless been considered and is expressly denied.
The original of this Decision, Order and Judgment has been e-filed by the Court. Counsel for plaintiff is hereby directed to promptly obtain a copy of the e-filed Decision, Order and Judgment for service with notice of entry upon defendant in accordance with CPLR 5513.