Savarese v. Nicotra Group, LLC

Appellate Division of the Supreme Court of New York

Savarese v. Nicotra Group, LLC

45 A.D.3d 315, 845 N.Y.S.2d 40

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

DecidedNovember 8, 2007

StatusPublished

This text of 45 A.D.3d 315 (Savarese v. Nicotra Group, LLC) 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

Savarese v. Nicotra Group, LLC, 45 A.D.3d 315, 845 N.Y.S.2d 40 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about April 19, 2007, which conditioned retrial on plaintiffs counsel paying costs in the aggregate amount of $29,722.40 to defense counsel, unanimously affirmed, with costs.

The court properly awarded costs to defense counsel, since the record establishes that plaintiffs counsel had been unprepared on the issue of damages and was unable to go forward without a 10-day continuance. As a result, the court granted plaintiffs counsel’s mistrial motion, and it did so on terms that were “just” within the meaning of CPLR 4402. Concur—Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.

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Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about April 19, 2007, which conditioned retrial on plaintiffs counsel paying costs in the aggregate amount of $29,722.40 to defense counsel, unanimously affirmed, with costs.

The court properly awarded costs to defense counsel, since the record establishes that plaintiffs counsel had been unprepared on the issue of damages and was unable to go forward without a 10-day continuance. As a result, the court granted plaintiffs counsel’s mistrial motion, and it did so on terms that were “just” within the meaning of CPLR 4402. Concur—Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.

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Bluebook (online)

45 A.D.3d 315, 845 N.Y.S.2d 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savarese-v-nicotra-group-llc-nyappdiv-2007.