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Cardinal Holdings, Ltd. v. Indotronix International Corp.

May 18, 2010

CARDINAL HOLDINGS, LIMITED, APPELLANT-RESPONDENT,
v.
INDOTRONIX INTERNATIONAL CORPORATION, ET AL., RESPONDENTS-APPELLANTS. (APPEAL NO. 1)
CARDINAL HOLDINGS, LIMITED, PLAINTIFF,
v.
INDOTRONIX INTERNATIONAL CORPORATION, ET AL., RESPONDENTS;
JOHN . FABIANI, JR., NONPARTY-APPELLANT. (APPEAL NO. 2)
CARDINAL HOLDINGS, LIMITED, APPELLANT, V INDOTRONIX INTERNATIONAL CORPORATION, ET AL., RESPONDENTS. (APPEAL NO. 3)



In an action to enforce a money judgment, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated February 23, 2009, as granted that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211, and the defendants cross-appeal from so much of the same order as denied that branch of their motion which was for an award of sanctions against the plaintiff and the plaintiff's attorney pursuant to 22 NYCRR 130-1.1(c), (2) the nonparty John V. Fabiani, Jr., an attorney for the plaintiff, appeals, as limited by his brief, from so much of an order of the same court dated June 22, 2009, as granted that branch of the defendants' motion which was for leave to renew that branch of their prior motion which was for an award of sanctions against him and, upon renewal, granted that branch of the defendants' prior motion and directed that he pay the sum of $2,500 to the Lawyers' Fund for Client Protection, and (3) the plaintiff appeals from a judgment of the same court entered July 15, 2009, which, upon so much of the order dated June 22, 2009, as granted that branch of the defendants' motion which was for leave to renew that branch of their prior motion which was for an award of sanctions against it and, upon renewal, granted that branch of the defendants' prior motion and directed that it pay the sum of $9,700 as sanctions, is in favor of the defendants and against it in the sum of $9,700.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO and CHERYL E. CHAMBERS, JJ.

(Index No. 7219/08)

DECISION & ORDER

Motion by Cardinal Holdings, Limited, on appeals and a cross appeal from an order of the Supreme Court, Dutchess County, dated February 23, 2009, and an appeal from an order of the same court dated June 22, 2009, pursuant to CPLR 5520(c), inter alia, to deem the notice of appeal from the order dated June 22, 2009, a premature notice of appeal from a judgment of the same court entered July 15, 2009. By decision and order on motion of this Court dated December 15, 2009, the motion was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeals and cross appeal, it is

ORDERED that the motion by Cardinal Holdings, Limited, is granted to the extent that the notice of appeal served and filed by Cardinal Holdings, Limited, from the order dated June 22, 2009, is deemed a premature notice of appeal from the judgment entered July 15, 2009 (see CPLR 5520[c]), and the motion by Cardinal Holdings, Limited, is otherwise denied; and it is further,

ORDERED that the cross appeal by the defendants from so much of the order dated February 23, 2009, as denied that branch of their motion which was for an award of sanctions against the plaintiff and the plaintiff's attorney is dismissed, as that portion of the order was superseded by the subsequent order dated June 22, 2009, and the judgment entered July 22, 2009; and it is further,

ORDERED that the order dated February 23, 2009, is affirmed insofar as appealed from by the plaintiff; and it is further,

ORDERED that the order dated June 22, 2009, is affirmed insofar as appealed from by the nonparty John V. Fabiani, Jr.; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the defendants; 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 additional sanctions and/or costs, if any, against the plaintiff and/or its counsel 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 ...


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