Legal Opinion

Schiavone v. Solaris Properties, LLC

Appellate Terms of the Supreme Court of New York

Decided March 2, 2011Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, entered June 16, 2010, reversed, without costs, the motion denied, and the sanction award vacated.

This is an action, primarily, to recover a security deposit of $6,800 from defendant Solaris Properties, LLC. After serving upon Solaris a motion purporting to place the underlying action on the trial calendar, plaintiffs’ counsel learned that the proper procedure for calendaring the action for trial in Civil Court was to serve a notice of trial and certificate of readiness (see CCA 1301; 22 NYCRR 208.17 [a]). Based upon this information, counsel declined to file the…

3Cases cited5 opinions

  1. Levy v. Carol Management Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Kernisan v. TaylorAppellate Division of the Supreme Court of the State of New York · 1991
  3. Hunts Point Terminal Produce Cooperative Ass'n v. New York City Economic Development Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Brocklebank v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1993
  5. Frank M. v. Siobahn N.Appellate Division of the Supreme Court of the State of New York · 2000

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