| Savarese v Nicotra Group, LLC |
| 2007 NY Slip Op 08372 [45 AD3d 315] |
| November 8, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Savarese, Plaintiff, v Nicotra Group, LLC, et al., Respondents, et al., Defendant. Schwartz Goldstone & Campisi, LLP, Nonparty Appellants; Baxter Smith Tassan & Shapiro, P.C., et al., Nonparty Respondents. (And Other Actions.) |
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Billig Law, P.C., New York City (Suzanne M. Billig of counsel), for Nicotra Group, LLC
and Nicotra Hotel I, LLC, respondents.
Baxter Smith Tassan & Shapiro, P.C., White Plains (James J. Lofrese of counsel), for Baxter
Smith Tassan & Shapiro, P.C., and C & M Tile & Marble Contractors, Inc.,
respondents.
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about April 19, 2007, which conditioned retrial on plaintiff's counsel paying costs in the aggregate amount of $29,722.40 to defense counsel, unanimously affirmed, with costs.
The court properly awarded costs to defense counsel, since the record establishes that plaintiff's counsel had been unprepared on the issue of damages and was unable to go forward without a 10-day continuance. As a result, the court granted [*2]plaintiff's counsel's mistrial motion, and it did so on terms that were "just" within the meaning of CPLR 4402. Concur—Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.