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Daily Med. Equip. Distribution Ctr., Inc. v. Nat'l Liab. & Fire Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Mar 23, 2016
2016 N.Y. Slip Op. 70066 (N.Y. App. Term 2016)

Opinion

Motion No: 2013-01194 KC

03-23-2016

Daily Medical Equipment Distribution Center, Inc as Assignee of Crystle Martinez, Respondent, v. National Liability & Fire Insurance Company, Appellant.


THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appellant National Liability & Fire Ins. Co, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated February 11, 2013, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on August 1, 2013, and appellant having perfected the appeal on January 31, 2014, and respondent having filed it's brief on February 14, 2014 and appellant having filed a reply brief on February 21, 2014, and on or about March 16, 2016, the parties having been sent notification that the appeal would appear on the April 5, 2016 submission calendar; and on March 22, 2016, counsel for respondent having notified the court via letter, that the matter had been settled on July 2, 2014, more than twenty months earlier.

Now, on the court's own motion, it is

ORDERED that the appellant and the respondent or their counsel are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) as this Court may deem appropriate by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before May 2, 2016.

Section 730.3 (f) of the rules of this Court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).

The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

Daily Med. Equip. Distribution Ctr., Inc. v. Nat'l Liab. & Fire Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Mar 23, 2016
2016 N.Y. Slip Op. 70066 (N.Y. App. Term 2016)
Case details for

Daily Med. Equip. Distribution Ctr., Inc. v. Nat'l Liab. & Fire Ins. Co.

Case Details

Full title:Daily Medical Equipment Distribution Center, Inc as Assignee of Crystle…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 23, 2016

Citations

2016 N.Y. Slip Op. 70066 (N.Y. App. Term 2016)