Christopulos v. Christopulos

• Decision Date: 24 August 2022
• Docket Number: 2020–09166,Index No. 705015/14
• Citation: 208 A.D.3d 747,173 N.Y.S.3d 326
• Parties: Gregory CHRISTOPULOS, respondent, v. Katherine CHRISTOPULOS, etc., et al., defendants, Nicholas Spyreas, appellant.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 747
173 N.Y.S.3d 326

Gregory CHRISTOPULOS, respondent,
v.
Katherine CHRISTOPULOS, etc., et al., defendants,

Nicholas Spyreas, appellant.

2020–09166
Index No. 705015/14

Supreme Court, Appellate Division, Second Department, New York.

Argued—June 7, 2022
August 24, 2022

173 N.Y.S.3d 327

Nicholas Spyreas, Greenwich, Connecticut, appellant pro se.

The Dweck Law Firm, LLP, New York, NY (Jack S. Dweck and Christopher S. Fraser of counsel), for respondent.

MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, SHERI S. ROMAN, JOSEPH J. MALTESE, JJ.

DECISION & ORDER

208 A.D.3d 747

In an action, inter alia, for an accounting and to cancel a notice of mechanic's lien, the defendant Nicholas Spyreas appeals from an order of the Supreme Court, Queens County (Frederick D.R. Sampson, J.), entered December 3, 2020. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was to vacate a mechanic's lien, and directed a hearing on that branch of the plaintiff's motion which was to hold the defendant Nicholas Spyreas in contempt for violating an order of the same court entered September 30, 2019.

208 A.D.3d 748

ORDERED that the appeal from so much of the order entered December 3, 2020, as directed a hearing on that branch of the plaintiff's motion which was to hold the defendant Nicholas Spyreas in contempt is dismissed, without costs or disbursements; and it is further,

ORDERED that the order entered December 3, 2020, is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

This appeal is the latest the pro se defendant Nicholas Spyreas has taken from a paper in this action, inter alia, for an accounting and to cancel a notice of mechanic's lien Spyreas filed against certain real property held in a trust of which the plaintiff and the plaintiff's sister, the defendant

173 N.Y.S.3d 328

Katherine Christopulos (hereinafter Katherine), are the beneficiaries. The parties’ dispute boils down to the question of how to distribute proceeds from the eventual sale of the subject property. The trust provides that the property is to be sold as soon as practicable upon the grantor's death and that the proceeds are to be divided equally between the plaintiff and Katherine. Spyreas, however, claims that he or a company he solely owns and operates is entitled to more than $500,000 from the proceeds for improvements allegedly made to the property prior to the grantor's death. Spyreas thus filed a series of mechanic's liens...