Couri v. Siebert

Appellate Division of the Supreme Court of New York

Couri v. Siebert

2017 NY Slip Op 3073, 149 A.D.3d 598, 50 N.Y.S.3d 290

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 20, 2017

Docket107240/04 3795 3794

StatusPublished

This text of 2017 NY Slip Op 3073 (Couri v. Siebert) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Couri v. Siebert, 2017 NY Slip Op 3073, 149 A.D.3d 598, 50 N.Y.S.3d 290 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, New York County (Paul Wooten, J.), entered February 3, 2016, awarding defendants the total sum of $15,091,471.04 as against plaintiff, *599 unanimously affirmed, with costs. Appeal from order, same court and Justice, entered January 27, 2016, which confirmed the Report and Recommendation of JHO Ira Gammerman recommending that defendants have judgment on their counterclaims against plaintiff in the amount of $7,110,532, with interest from August 18, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

In a prior order, the court granted defendants’ motion to strike pro se plaintiffs reply to the counterclaims, and directed an inquest assessing damages on the counterclaims, based on plaintiff’s failure to comply with multiple court orders and abuse of the litigation process. Plaintiff failed to perfect an appeal from that order. The JHO held an inquest on December 15, 2014, and after plaintiff, who initially appeared by telephone, declined to further participate, the JHO took defendant’s testimony, and based on that testimony and the record, recommended judgment in favor of defendants.

Under the circumstances here, we find that the recommendation of the JHO was amply supported by the record (see Matter of Musano, 302 AD2d 302 [1st Dept 2003]).

We have considered plaintiff’s remaining contentions for affirmative relief and find them unavailing.

Concur — Acosta, J.P., Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Paul Wooten, J.), entered February 3, 2016, awarding defendants the total sum of $15,091,471.04 as against plaintiff, *599 unanimously affirmed, with costs. Appeal from order, same court and Justice, entered January 27, 2016, which confirmed the Report and Recommendation of JHO Ira Gammerman recommending that defendants have judgment on their counterclaims against plaintiff in the amount of $7,110,532, with interest from August 18, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

In a prior order, the court granted defendants’ motion to strike pro se plaintiffs reply to the counterclaims, and directed an inquest assessing damages on the counterclaims, based on plaintiff’s failure to comply with multiple court orders and abuse of the litigation process. Plaintiff failed to perfect an appeal from that order. The JHO held an inquest on December 15, 2014, and after plaintiff, who initially appeared by telephone, declined to further participate, the JHO took defendant’s testimony, and based on that testimony and the record, recommended judgment in favor of defendants.

Under the circumstances here, we find that the recommendation of the JHO was amply supported by the record (see Matter of Musano, 302 AD2d 302 [1st Dept 2003]).

We have considered plaintiff’s remaining contentions for affirmative relief and find them unavailing.

Concur — Acosta, J.P., Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 3073, 149 A.D.3d 598, 50 N.Y.S.3d 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/couri-v-siebert-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack