GOD'S BATTALION OF PRAYER PENT v. HOLLANDER

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 2009-09552, 2009-11868, 2010-00514.

Attorney(S)

Zisholtz Zisholtz, LLP, Mineola, N.Y. (Gerald Zisholtz and Meng Cheng of counsel), for appellant-respondent. Wilson Elser Moskowitz Edelman Dicker LLP, New York, N.Y. (Lauren J. Rocklin of counsel), for respondents-appellants. Lazarowitz Manganillo, PLLC, Hempstead, N.Y. (Carl Manganillo of counsel), for respondents Ropal Construction Corp., Charles Cross, and Andrew Paladino. Rivkin Radler LLP, Uniondale, N.Y. (William M. Savino and Jason B. Gurdus of counsel), for respondents Paul Alongi and AXA Global Risks U.S. Insurance Company, as successor to Colonia Insurance Company.

Judges

Reinaldo E. Rivera
Randall T. Eng
Sandra Sgroi

See more information ...

Smart Summary

Please sign up to generate summary.

GOD'S BATTALION OF PRAYER PENTECOSTAL CHURCH, INC., Appellant-Respondent, v. LARRY B. HOLLANDER et al., Respondents-Appellants, and ROPAL CONSTRUCTION CORP. et al., Respondents.

Ordered that the appeal from the order entered September 1, 2009, is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further, Ordered that the order entered November 16, 2009, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants appearing separately and filing separate briefs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501 [a] [1]).

Contrary to the plaintiffs contentions, the Supreme Court properly dismissed its complaint ( see CPLR 3211 [a] [3], [5], [7]). Further, the Supreme Court providently denied both the first and second cross motions of the defendants Larry B. Hollander, Hollander Strauss, LLP, and Hollander Strauss, as successor to Hollander, Strauss Mastropietro, LLP, for an award of sanctions against the plaintiff and its counsel ( see 22 NYCRR 130-1.1 [c]).

[Prior Case History: 24 Misc 3d 1250(A), 2009 NY Slip Op 51939(U).]

GOD'S BATTALION OF PRAYER PENTECOSTAL CHURCH, INC., Appellant-Respondent, v. LARRY B. HOLLANDER et al., Respondents-Appellants, and ROPAL CONSTRUCTION CORP. et al., Respondents.

Comments