Grand Lodge of the Ind. Order of Odd Fellows of the State of N.Y. v. Rutigliano
This text of 2021 NY Slip Op 06608 (Grand Lodge of the Ind. Order of Odd Fellows of the State of N.Y. v. Rutigliano) 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.
Opinion
| Grand Lodge of the Ind. Order of Odd Fellows of the State of N.Y. v Rutigliano |
| 2021 NY Slip Op 06608 |
| Decided on November 24, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 24, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
WILLIAM G. FORD, JJ.
2020-05436
(Index No. 4568/17)
v
Janet M. Rutigliano, etc., et al., respondents. Havens Law Firm, Warwick, NY (Jeremy L. Havens of counsel), for appellant.
Jacobowitz & Gubits, LLP, Walden, NY (Kara J. Cavallo of counsel), for respondents.
DECISION & ORDER
In an action, inter alia, to recover damages for conversion and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Orange County (Maria S. Vazquez-Doles, J.), dated May 13, 2020. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were to vacate the note of issue and pursuant to CPLR 2201 to stay all proceedings in this action.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying those branches of the plaintiff's motion which were to vacate the note of issue and to stay all proceedings in this action (see CPLR 2201; 22 NYCRR 202.21; Joseph v Propst , 306 AD2d 246).
RIVERA, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.
ENTER:Maria T. Fasulo
Clerk of the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2021 NY Slip Op 06608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-lodge-of-the-ind-order-of-odd-fellows-of-the-state-of-ny-v-nyappdiv-2021.