Galasso, Langione & Botter, LLP v. Liotti
| Decision Date | 22 February 2011 |
| Citation | 81 A.D.3d 884,917 N.Y.S.2d 667 |
| Court | New York Supreme Court — Appellate Division |
| Parties | GALASSO, LANGIONE & BOTTER, LLP, et al., plaintiffs-respondents, v. Thomas F. LIOTTI, defendant third-party plaintiff-appellant; Frederick K. Brewington, third-party defendant-respondent. |
81 A.D.3d 884
GALASSO, LANGIONE & BOTTER, LLP, et al., plaintiffs-respondents,
v.
Thomas F. LIOTTI, defendant third-party plaintiff-appellant;
Frederick K. Brewington, third-party defendant-respondent.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 22, 2011.
Thomas F. Liotti, LLC, Garden City, N.Y., defendant third-party plaintiff-appellant pro se.
Frederick K. Brewington, Hempstead, N.Y. (Mark E. Goidell of counsel), third-party defendant-respondent pro se and for plaintiffs-respondents.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL, and SHERI S. ROMAN, JJ.
In an action, inter alia, to recover damages for defamation, the defendant third-party plaintiff appeals (1) from an order of the Supreme Court, Nassau County (Palmieri, J.), entered June 24, 2009, which denied his motion to vacate a judgment of the same court dated January 26, 2009, which was in favor of the third-party defendant and against him in the principal sum of $14,098.69, and (2), as limited by his brief, from so much of an order of the same court entered August 14, 2009, as denied his motion to renew his motion for leave to vacate the judgment and, upon granting the third-party defendant's motion for sanctions, imposed a sanction against him in the sum of $1,000.
ORDERED that the order entered June 24, 2009, is affirmed; and it is further,
ORDERED that the order entered August 14, 2009, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiffs-respondents and the third-party defendant-respondent; and it is further,
ORDERED that on the Court's own motion, counsel for the respective parties are directed to show cause why an order should or should not be made and entered imposing such sanctions and costs, if any, against the defendant third-party plaintiff pursuant to 22 NYCRR 130-1.1(c) as this Court may deem appropriate, by filing an original and four copies of their respective affirmations or affidavits on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before March 24, 2011; and it is further,
ORDERED that the Clerk of the Court, or his designee, is
directed to serve counsel for the respective parties with a copy of this decision and order by regular mail.Although the court has an inherent discretionary power to relieve a party from a judgment or order for sufficient reason...
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