| Grznar v Doyle |
| 2010 NY Slip Op 51025(U) [27 Misc 3d 1233(A)] |
| Decided on May 27, 2010 |
| Supreme Court, Rockland County |
| Jamieson, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
John Grznar and
KATHLEEN REYNOLDS, Plaintiffs,
against Patricia A. Doyle, Defendant, and Katherine Grznar, Necessary Party Defendant. |
The Court has a Notice of Motion from defendant Katherine Grznar that purports to join another motion previously made by defendant Patricia A. Doyle. Yet the Notice of Motion does not attach any documents, or include any return date. For those reasons alone, the motion is defective and should be denied. CPLR § 2214(a). But the motion must be denied for another, more practical reason: the Court does not have any of the papers on the other motion, sequence number 1 (which has been marked decided), and therefore cannot make a decision without those papers.
Should defendants wish to pursue their motions to dismiss, they may refile them, with all necessary papers, on or before June 11, 2010. If they do not make a motion by that time, plaintiff is directed to contact the Part Clerk immediately thereafter to obtain a date for a Preliminary Conference. Any stays previously imposed are lifted.[FN1]
The foregoing constitutes the decision and order of the Court.
Dated:New City, New York
May 27, 2010
___________________________Hon. Linda S. Jamieson
Justice of the Supreme Court
To:
Feerick Lynch MacCartney PLLC
Attorneys for Plaintiff
96 South Broadway
South Nyack, NY 10960
[*2]
Montalbano Condon & Frank, P.C.
Attorneys for Defendant Doyle
67 North Main Street, P.O. Box 1070
New City, NY 10956-8070
Lee M. Berger, Esq.
Attorney for Defendant Katherine Grznar
1 Cohasset Avenue
Buzzards Bay, MA 02532