From Casetext: Smarter Legal Research

ZMK Realty Co. v. Bokhari

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 391 (N.Y. App. Div. 1999)

Opinion

Argued November 15, 1999

December 20, 1999

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award (Matter No. 1) and a related interpleader action (Matter No. 2), Ghazi Bokhari appeals (1) from an order of the Supreme Court, Nassau County (Adams, J.), entered September 22, 1998, which granted the motion of ZMK Realty Co. in Matter No. 1 for an order declaring, nunc pro tunc, that the court's prior order dated November 6, 1997, constituted an "order and judgment", and (2) from so much of an order of the same court, entered September 17, 1998, in Matter No. 2, as (a) granted the motion of the plaintiff to dismiss his counterclaim and (b) denied the motion of the defendant ZMK Realty Co. to dismiss his cross claim.

Goldstein Avrutine, Syosset, N.Y. (Howard D. Avrutine of counsel), for appellant in Matters No. 1 and 2.

Bee, Eisman Ready, Mineola, N.Y. (Peter A. Bee, Catherine V. Battle, and Michael A. Balboni of counsel), respondent pro se in Matter No. 2, and for respondent in Matter No. 1 and defendant-respondent in Matter of No. 2.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI and ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the order entered September 17, 1998, as granted the motion of the plaintiff in Matter No. 2 to dismiss the appellant's counterclaim is dismissed as abandoned (see, Lamphear v. State of New York, 91 A.D.2d 791 ); and it is further,

ORDERED that the appeal from so much of the order entered September 17, 1998, as denied the motion of ZMK Realty Co. to dismiss the appellant's cross claim in Matter No. 2 is dismissed, as the appellant is not aggrieved by that portion of the order (see, CPLR 5511); and it is further,

ORDERED that the order entered September 22, 1998, is reversed, on the law, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment pursuant to CPLR 7514; and it is further,

ORDERED that the appellant is awarded one bill of costs.

We agree with appellant's contention that the Supreme Court improvidently exercised its discretion in refusing to entertain his submission of a proposed judgment for signature, and by declaring nunc pro tunc that its prior order dated November 6, 1997, confirming an arbitration award constituted an "order and judgment" (see, CPLR 7514). The time limit for the submission of a proposed judgment for signature contained in 22 NYCRR 202.48 was not applicable in this case (see, Funk v. Barry, 89 N.Y.2d 364 ).

O'BRIEN, J.P., RITTER, SANTUCCI, and FLORIO, JJ., concur.


Summaries of

ZMK Realty Co. v. Bokhari

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 391 (N.Y. App. Div. 1999)
Case details for

ZMK Realty Co. v. Bokhari

Case Details

Full title:In the Matter of ZMK REALTY CO., respondent, v. GHAZI BOKHARI, appellant…

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

Date published: Dec 20, 1999

Citations

267 A.D.2d 391 (N.Y. App. Div. 1999)
700 N.Y.S.2d 216

Citing Cases

Scarola v. Malone

In this case, a timely motion to confirm the Award was made and granted by Decision and Order of Justice…

In re of Patrolmen's Benevolent Assoc of City

We note that the award itself did not specify the amounts due. Also lacking in the August order was any…