Ruby Maxwell v A & Z Realty A Partnership & Brooklyn Queens El. Corp.
Motion No: 2011-01828 kc
Slip Opinion No: 2012 NY Slip Op 72805(U)
Decided on May 7, 2012
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-1828 K C
Ruby Maxwell, Appellant, v A & Z Realty a Partnership and Brooklyn Queens Elevator Corp., Respondents.

Motion by appellant to vacate an order of this court dated September 30, 2011, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County entered October 23, 2009 for lack of prosecution. Cross-motion by respondent Brooklyn Queens Elevator Corp. for an order precluding appellant from serving and filing further motions without leave of the court. Separate cross-motion by A & Z Realty to bar further motions without leave of the court, requiring the filing of a bond by appellant during the pendency of any further motions, and for the imposition of attorneys fees and costs..

Upon the papers filed in support of the motion and cross motions and the papers filed in opposition thereto, it is

ORDERED that the motion and cross-motions are denied.

ENTER:

Paul Kenny

Chief Clerk