Fisher Island Club, Inc. v. O'Grady

We find no merit in the issues raised by the Fisher Island Club, Inc.1 We briefly address the second argument it has raised, specifically, that in making its decision the trial judge relied on “extraneous materials” which were not set forth in the pleadings. Specifically, the sixth paragraph of the trial court’s order reads as follows:

Plaintiff complains that the Court has raised the standing issue, not one of the parties. A quick review of the Court’s docket shows that in the last three years, 33 lawsuits have been filed involving a Fisher Island entity, including 17 with the present…