Romanelli v. Disilvio

• Decision Date: 10 August 2010
• Citation: 76 A.D.3d 553,907 N.Y.S.2d 258
• Parties: Salvatore ROMANELLI, appellant, v. Maria DISILVIO, et al., respondents.
• Court: New York Supreme Court — Appellate Division

907 N.Y.S.2d 258
76 A.D.3d 553

Salvatore ROMANELLI, appellant,
v.
Maria DISILVIO, et al., respondents.

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

Aug. 10, 2010.

907 N.Y.S.2d 258

Salvatore Romanelli, Greenlawn, N.Y., appellant pro se.

Jaspan Schlesinger, LLP, Garden City, N.Y. (Steven R. Schlesinger and Daniel E. Shapiro of counsel), for respondents.

WILLIAM F. MASTRO, J.P., FRED T. SANTUCCI, CHERYL E. CHAMBERS, and SHERI S. ROMAN, JJ.

76 A.D.3d 553

In an action, inter alia, to recover damages for breach of a stipulation of settlement, the plaintiff appeals, as limited by his reply brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated September 16, 2008, as granted those branches of the defendants' motion which were pursuant to CPLR 3211(a)(5) to dismiss, as time-barred, the second and fourth causes of

907 N.Y.S.2d 259

action and so much of the first cause of action as sought to recover damages for the breach of a stipulation of settlement based on the defendants' failure to prosecute tax certiorari proceedings.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the second cause of action in its entirety and substituting therefor a provision denying that branch of the motion with respect to so much of the second cause of action as sought a judgment declaring that the defendants breached the stipulation of settlement

76 A.D.3d 554

by failing to prosecute tax certiorari proceedings against the County of Nassau and otherwise granting that branch of the motion, and (2) by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss so much of the first cause of action as sought to recover damages for breach of the stipulation of settlement based on the defendants' alleged failure to prosecute tax certiorari proceedings against the County of Nassau and the Village of Lynbrook, and substituting therefor a provision denying that branch of the motion with respect to so much of the first cause of action as sought to recover damages based upon the defendants' alleged failure to prosecute tax certiorari proceedings against the County of Nassau and otherwise granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

By summons and complaint filed...