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Common Ground Community, H.D.F.C., Inc v. Cornell Curry

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


June 15, 2011

COMMON GROUND COMMUNITY, H.D.F.C., INC.,
PETITIONER-RESPONDENT,
v.
CORNELL CURRY,
RESPONDENT-APPELLANT.

Per curiam.

Common Ground Community, H.D.F.C., Inc. v Curry

Decided on June 15, 2011

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ

Respondent Cornell Curry appeals from an order of the Civil Court of the City of New York, New York County (Dianne S. Gasworth, J.), dated January 19, 1994, which denied his motion to vacate a default final judgment issued against him in a nonpayment summary proceeding, and from an order of the same court (Manuel J. Mendez, J.), dated November 21, 2006, which denied respondent's motion to "vacate" the aforesaid order and enjoined him from initiating any further litigation without prior court approval.

Order (Dianne S. Gasworth, J.), dated January 19, 1994 and order (Manuel J. Mendez, J.), dated November 21, 2006, affirmed, without costs.

No basis has been shown to vacate appellant's persistent defaults in defending the underlying 1991 nonpayment "summary" proceeding (see New York City Hous. Auth. v Torres, 61 AD2d 681, 684 [1978]; 160-62 E. 2nd St. H.D.F.C. v Beaumont, 29 Misc 3d 138[A], 2010 NY Slip Op 50237[U] [2010]). The directives barring appellant from initiating further litigation without prior court approval were amply justified in light of evidence of his repeated abuse of the judicial process and his penchant for vexatious conduct, including the filing of at least 22 orders to show cause repeatedly seeking to vacate his default and restore the nonpayment proceeding to the calendar (see Capogrosso v Kansas, 60 AD3d 522, 523 [2009]; Sassower v Signorelli, 99 AD2d 358, 359 [1984]).

We reiterate that appellant is not to commence further litigation on this matter without prior court permission, or he could face the imposition of costs and/or sanctions (see Levy v Carol Mgt. Corp., 260 AD2d 27, 34 [1999]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: June 15, 2011

20110615

© 1992-2011 VersusLaw Inc.



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