| Vahid Jadidian v Hive Sports Bar & Grill, Inc. |
| Motion No: 2017-01040 QC |
| Slip Opinion No: 2018 NY Slip Op 67816(U) |
| Decided on March 16, 2018 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Vahid Jadidian, Appellant, v The Hive Sports Bar & Grill, Inc., Respondent and XYZ Corp., Undertenant. |
Appeal by plaintiff from an order of the Civil Court of the City of New York, Queens County, entered March 22, 2017. By order to show cause dated December 15, 2017, former counsel for appellant, Robert B. Goldstein, Esq., was directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and or costs, if any, against counsel pursuant to 22 NYCRR 130-1.1 (c) as this court may deem appropriate.
Now, upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
In a decision and order on motion dated August 11, 2017, appellant's counsel's motion to be relieved was granted, and the order directed counsel to serve appellant with a copy of the decision and order on motion by August 31, 2017, and file proof of such service with this court. Despite several telephone calls from the clerk's office requesting proof of service, no such proof was ever filed. Nevertheless, since it appears that appellant retained substitute counsel expeditiously even without being served with the order, and did not suffer any adverse impact as a result of counsel's omission, the court declines to impose sanctions under the circumstances.
ENTER:
Paul Kenny
Chief Clerk