| HSBC Bank Nev. v Jaroslawicz, David |
| Motion No: 570274/10 |
| Slip Opinion No: 2010 NY Slip Op 89157(U) |
| Decided on November 30, 2010 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
November 30, 2010
HSBC Bank Nev. v Jaroslawicz, David
It is Ordered that the defendant's motion to dismiss is granted, unless plaintiff perfects its appeal by no later than the March 2011 Term - the filing deadline is January 12, 2011. Defendant's application to set this matter down form an inquest on the counterclaims is denied without prejudice to defendant seeking such relief in Civil Court. Defendant's application for costs, sanctions and attorneys' fees is denied. In the event of plaintiff's failure to comply with the foregoing condition, defendant may move on five days' notice for an order dismissing the appeal.
By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.
Motion No. 570274/10