Rodriguez v Waterfront Plaza, LLC
Motion No: 2019-09662
Slip Opinion No: 2022 NY Slip Op 63970(U)
Decided on April 1, 2022
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M282202

X/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2019-09662

Deivy Leon Rodriguez, plaintiff-respondent,

v Waterfront Plaza, LLC, appellant-respondent,

ZNKO Construction, Inc., respondent-appellant

(and third-party actions).

(Index No. 513780/2016)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 24, 2019. The appellant-respondent perfected the appeal on June 24, 2020, the respondent-appellant filed a brief on August 28, 2020, the plaintiff-respondent also filed a brief on August 28, 2020, and the appellant-respondent filed a reply brief on September 21, 2020. The matter was placed on the calendar for March 24, 2022. At oral argument on March 24, 2022, counsel for the appellant-respondent indicated that the action, insofar as it related to the plaintiff-respondent, had been settled. On March 24, 2022, this Court received a letter dated March 3, 2022, signed by counsel for the plaintiff-respondent, indicating that the action had settled insofar as it related to the plaintiff-respondent in November 2021.

Now, on the Court's own motion, it is

ORDERED that Wingate, Russotti, Shapiro & Halperin, LLP, the plaintiff-respondent's counsel, Clark & Fox, the appellant-respondent's counsel, and Fullerton Beck LLP, the respondent-appellant's counsel, are 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 them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by uploading an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before April 27, 2022; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties via email and by regular mail.

BRATHWAITE NELSON, J.P., IANNACCI, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court