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Mirzoeff v. Nagar

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 789 (N.Y. App. Div. 2008)

Opinion

No. 2007-02629.

June 24, 2008.

In an action, inter alia, pursuant to RPAPL article 15, inter alia, to determine the rights of the parties to certain real property, the defendants appeal from a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), entered February 14, 2007, which, after a nonjury trial, among other things, determined that the plaintiffs are the lawful owners of the subject property.

Dollinger, Gonski Grossman, Carle Place, N.Y. (Michael J. Spithogiannis of counsel), for respondents.

Before: Spolzino, J.P., Covello, Dickerson and Eng, JJ.


Ordered that the judgment is affirmed, with costs.

A request for an adjournment is addressed to the sound discretion of the court, and its determination will not be disturbed absent an improvident exercise of discretion ( see Atwater v Mace, 39 AD3d 573, 574). Further, although courts will routinely afford pro se litigants, as the defendants were throughout the trial, some latitude, a "litigant's decision to proceed without counsel does not confer any greater rights than those afforded to other litigants, nor may a pro se appearance serve to deprive parties in opposition of their right to a fair trial" ( Sloninski v Weston, 232 AD2d 913, 914; see Banushi v Lambrakos, 305 AD2d 524). Under the circumstances presented here, the Supreme Court providently exercised its discretion in denying the defendants' request for an adjournment ( see Stoves Stones v Rubens, 237 AD2d 280; Natoli v Natoli, 234 AD2d 591, 592).

The defendants' remaining contentions are without merit.


Summaries of

Mirzoeff v. Nagar

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 789 (N.Y. App. Div. 2008)
Case details for

Mirzoeff v. Nagar

Case Details

Full title:ELI MIRZOEFF et al., Respondents, v. JULIA NAGAR et al., Appellants

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

Date published: Jun 24, 2008

Citations

52 A.D.3d 789 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5896
861 N.Y.S.2d 740

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