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EECP Centers of America, Inc. v. Vasomedical, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
717 N.Y.S.2d 897 (N.Y. App. Div. 2000)

Opinion

Submitted October 17, 2000.

November 21, 2000.

In an action, inter alia, to recover damages for breach of contract and fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated August 9, 1999, which denied its motion for recusal.

David H. Ledgin, Mineola, N.Y., for appellant.

Blau, Kramer, Wactlar Lieberman, P.C., Jericho, N.Y. (Edward S. Wactlar of counsel), for respondents.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the trial court did not err in denying its motion for recusal. In the absence of an express violation of Judiciary Law § 14, the decision on a recusal motion based upon alleged bias and prejudice, as in the instant case, is generally a matter of the court's personal conscience and discretion (see, Judiciary Law § 14; see also, People v. Moreno, 70 N.Y.2d 403; Yannitelli v. Yannitelli Sons Constr. Corp., 247 A.D.2d 271, cert denied 525 U.S. 1178; Anjam v. Anjam, 191 A.D.2d 531 cf., Ortiz v. City of New York, 136 Misc.2d 500]). Here, that discretion was providently exercised.


Summaries of

EECP Centers of America, Inc. v. Vasomedical, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
717 N.Y.S.2d 897 (N.Y. App. Div. 2000)
Case details for

EECP Centers of America, Inc. v. Vasomedical, Inc.

Case Details

Full title:EECP CENTERS OF AMERICA, INC., APPELLANT, v. VASOMEDICAL, INC., ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 2000

Citations

717 N.Y.S.2d 897 (N.Y. App. Div. 2000)
717 N.Y.S.2d 897

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