| Matter of National Equip. Corp. v Ruiz |
| 2005 NY Slip Op 02577 |
| Decided on April 5, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 5, 2005
Mazzarelli, J.P., Marlow, Ellerin, Gonzalez, Catterson, JJ.
5100
[*1]In re National Equipment Corporation, Petitioner,
v
Hon. Norma Ruiz, etc., et al., Respondents.
Eustace & Marquez, White Plains (Mark A. Solomon and Rose
M. Cotter of counsel), for National Equipment Corporation,
petitioner.
Newman Fitch Altheim Myers, P.C., New York (Francine
Scotto of counsel), for Ferrara Foods & Confections, Inc., cross
petitioner/respondent.
Eliot Spitzer, Attorney General, New York (Katherine E. Timon
of counsel), for Hon. Norma Ruiz, respondent.
The Durst Law Firm, P.C., New York (John E. Durst, Jr. of
counsel), for Cirro Rodriguez, respondent.
In this original proceeding pursuant to Article 78 of the Civil
Practice Law and Rules, applications for writs of prohibition and
mandamus granted to the extent that respondent Supreme Court
Justice is prohibited from entering judgment in the underlying
action Cirro Rodriquez v. National Equip. Corp. & Ferrara
Foods & Confections, Sup. Ct., Bronx County, Index No.
16482/95, based on the jury's responses to the interrogatories
contained in the first verdict sheet, and is directed to enter
interlocutory judgment for the plaintiff on the issue of liability based
on the jury's responses to the second set of interrogatories, and
otherwise denied, without costs. Respondent Supreme Court
Justice's cross motion to dismiss the petition
denied, without costs. The remaining issues in the underlying
action of apportionment of liability between the defendants and
an assessment of damages should be tried forthwith.
Opinion by Catterson, J. All concur.
Order filed.