Valdivia v D.I.M.M & M. Corp.
2026 NY Slip Op 69307(U)
May 29, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Michael Aleman Valdivia, appellant-respondent,
v
D.I.M.M & M. Corp., et al., respondents- appellants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 29, 2026
2025-11674, 725056/2020
Colleen D. Duffy, J.P.
Linda Christopher
Carl J. Landicino
Laurence L. Love, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal and cross-appeals from an order of the Supreme Court, Queens County, dated August 19, 2025. Motion by the appellant-respondent, inter alia, to dismiss the cross-appeals based upon the respondents-appellants' failure to pay their one-third share of the cost of the joint record. Motion by the respondent-appellant D.I.M.M & M. Corp., in effect, for the imposition of a sanction upon the appellant and his counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that motion by appellant-respondent is denied on condition that on or before June 26, 2026, the respondents-appellants each pay their respective one-third shares of the cost of the joint record (see 22 NYCRR 1250.9[f][1][ii]) and file proof of payment with the Clerk of this Court via e-mail to [email protected]; and it is further,
ORDERED that the motions are otherwise denied.
DUFFY, J.P., CHRISTOPHER, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court