PHILIP S. STRANIERE , J. Claimant, Lejla Esposito, commenced this day small claims action against the defendants, John Barr, Florence Dennehy, and Woodbrooke Estates Condominium Section 2B, alleging that the defendants improperly imposed fines upon her and denied her the use of the community pool. A trial was held on July 31, 2015. Claimant represented herself. Defendants were represented by counsel. The name of Florence Dennehy sued herein as Florence Hennehy, was amended to reflect the...
OPINION OF THE COURT KATHERINE A. LEVINE , J. Plaintiff AR Medical Rehabilitation P.C., a medical services provider, seeks to recover no-fault benefits for services it provided to its assignors. Defendant State-Wide Insurance Co. moves to dismiss the claim on the ground that plaintiff failed to establish its prima facie case by offering proof of mailing. The issue is whether a plaintiff may offer an NF-10 denial of claim form into evidence to prove that it mailed the subject claim form...
OPINION OF THE COURT STEVEN Z. MOSTOFSKY , J. Before trial, plaintiff sought summary judgment based on documentary evidence. The defendant appeared without witnesses. The parties submitted memoranda of law and the court heard oral argument on July 27, 2015. Plaintiff claimed it served notices to admit on the defendant. Since the defendant never contested the admissions, the plaintiff moved for summary judgment. The court denies that portion of plaintiff's motion since it never submitted...
OPINION OF THE COURT JAVIER E. VARGAS , J. The motion by respondent Rosilyn George (tenant) for, inter alia, leave to file an amended answer and for vacatur of stipulations of settlement in the instant nonpayment proceeding is granted, and the matter is hereby adjourned for further proceedings. For over 33 years, tenant has resided in the subject project-based Section 8 subsidized U.S. Department of Housing and Urban Development (HUD) building, known as 1105-25 Anderson Avenue, apartment...
OPINION OF THE COURT PAUL A. GOETZ , J. Before the court are plaintiff's motion for summary judgment pursuant to CPLR 3212 and defendant's cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7), or for summary judgment pursuant to CPLR 3212. Background In this matter, plaintiff seeks the return of $10,000, the sum of two deposits of $5,000 each, made by plaintiff to defendant in connection with plaintiff's successful bids during two non-judicial auction sales by defendant of...
