MARTIN v. EARL C. CHASE SONS, INC

Motion to vacate restraining notices denied, without costs and without prejudice to such motion being made in the court of original instance (see, CPLR 5240).

Motion to impose sanctions against respondent Earl C. Chase Sons, Inc., and for further relief denied, without costs.

Cross motion to dismiss appeal on the ground that it was not served by the attorney of record denied, without costs (see, Vitale v. La Cour, 92 A.D.2d 892, lv denied 60 N.Y.2d 556). Kane, J.P., Main, Yesawich, Jr., and Levine, JJ., concur.