Cangialosi v. Mottoros

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: ROSENBLATT
• Citation: Cangialosi v. Mottoros, 675 N.Y.S.2d 876, 251 A.D.2d 615 (N.Y. App. Div. 1998)
• Decision Date: 29 June 1998
• Parties: Vincent CANGIALOSI, Appellant, v. Theresa MOTTOROS, et al., Respondents (And Eight Related Titles).

Page 876

675 N.Y.S.2d 876

Vincent CANGIALOSI, Appellant, v. Theresa MOTTOROS, et al., Respondents (And Eight Related Titles).

Supreme Court of New York, Appellate Division Second Department.

June 29, 1998.

Mallilo & Grossman, Flushing (Francesco Pomara, Jr., of counsel), for appellant.

Eustace & Furey, Uniondale (Joseph Varvaro, of counsel), for respondents Theresa Mottoros and Pierre Mottoros.

Michael D. Hess, Corporation Counsel, New York City (Barry P. Schwartz and Susan Choi-Hausman, of counsel), for respondent City of New York.

In nine related actions, inter alia, to recover damages for personal injuries, which have been joined for trial, Vincent Cangialosi, the plaintiff in Action No. 1, appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated September 8, 1997, which denied his motion to restore the actions to the trial calendar.

ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The motion to restore the actions to the trial calendar was properly denied upon the ground that the actions are stayed by operation of the voluntary bankruptcy petition filed by Connecticut Limousine, Inc., one of the defendants in Action No. 6 (see, 11 U.S.C. § 362[a][1]; Klein v. Rauschman, 67 A.D.2d 902, 413 N.Y.S.2d 177). In light of our...