Gorbatov v. Gardens 75th Street Owners Corp.

Appellate Division of the Supreme Court of New York

Gorbatov v. Gardens 75th Street Owners Corp.

283 A.D.2d 551, 724 N.Y.S.2d 654, 2001 N.Y. App. Div. LEXIS 5222

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 2001·Published·Cited by 1 cases

Opinion

—In an action, inter alia, to determine the credit, if any, due the plaintiffs for maintenance payments, the plaintiff Difa Gorbatov appeals from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Lisa, J.), dated April 12, 2000, as, upon granting the defendants’ motion to confirm the report of a Judicial Hearing Officer recommending that the complaint be dismissed, dismissed the complaint.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs payable by the plaintiff Difa Gorbatov to the defendants.

The Supreme Court properly dismissed the only two remaining causes of action in the complaint insofar as asserted by the plaintiff Difa Gorbatov based upon her refusal to proceed on the scheduled trial date (see, Ortolani v Town of Hempstead, 256 AD2d 451; Brown v Data Communications, 236 AD2d 499). Santucci, J. P., Altman, Florio and Adams, JJ., concur.

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—In an action, inter alia, to determine the credit, if any, due the plaintiffs for maintenance payments, the plaintiff Difa Gorbatov appeals from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Lisa, J.), dated April 12, 2000, as, upon granting the defendants’ motion to confirm the report of a Judicial Hearing Officer recommending that the complaint be dismissed, dismissed the complaint.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs payable by the plaintiff Difa Gorbatov to the defendants.

The Supreme Court properly dismissed the only two remaining causes of action in the complaint insofar as asserted by the plaintiff Difa Gorbatov based upon her refusal to proceed on the scheduled trial date (see, Ortolani v Town of Hempstead, 256 AD2d 451; Brown v Data Communications, 236 AD2d 499). Santucci, J. P., Altman, Florio and Adams, JJ., concur.

Gorbatov v. Gardens 75th Street Owners Corp., 283 A.D.2d 551, 724 N.Y.S.2d 654, 2001 N.Y. App. Div. LEXIS 5222 (N.Y. Ct. App. 2001).

Pincite

283 A.D.2d 551 (Gorbatov v. Gardens 75th Street Owners Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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