Ali v 381 Broadway Realty Corp.
Motion No: 2012-06792
Slip Opinion No: 2013 NY Slip Op 61537(U)
Decided on January 15, 2013
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M149667

E/ct

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2012-06792

Toni Ann Ali, plaintiff-respondent,

v 381 Broadway Realty Corp., appellant,

Fourth Floor Offices, Inc., et al., defendants-

respondents (and a third-party action).

(Index No. 32934/07)

DECISION & ORDER ON MOTION

The defendant 381 Broadway Realty Corp. having appealed to this Court from an order of the Supreme Court, Kings County, dated April 9, 2012, this Court noticed the matter for a CAMP conference on November 28, 2012, and the plaintiff-respondent failed to appear at the conference without excuse. By order to show cause dated December 10, 2012, the parties or their attorneys were directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2) upon Michael S. Lamonsoff, counsel for the plaintiff-respondent.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to impose a sanction upon Michael S. Lamonsoff, counsel for the plaintiff-respondent, is denied.

Under the circumstances, sanctions are unwarranted.

ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court