| Tikvatronics, Inc. v Francmen 16404, LLC |
| Motion No: 2017-00276 QC |
| Slip Opinion No: 2019 NY Slip Op 67681(U) |
| Decided on April 1, 2019 |
| 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.
DAVID ELLIOT
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| Tikvatronics, Inc., Appellant, v Francmen 16404, LLC, Respondent. |
Appeal by plaintiff from an order of the Civil Court of the City of New York, Queens County, entered December 23, 2016. By order to show cause dated January 29, 2019, the appellant and the respondent, or their respective counsel, were 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 the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3(f).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied.
The five-month delay in notifying the court of the settlement was the result of counsel sending the notification to an incorrect fax number. As the error appears to have been inadvertent, under the circumstances sanctions are not warranted.
ENTER:
Paul Kenny
Chief Clerk