New York Probate and Estate Administration Lawyer Blog
The plaintiff in this case is Robinson Duran Urena. The defendant and third party plaintiff/respondent in the case is Ciampa Estates, LLC. They are represented by the law offices of Fiorella Rubin & Friedman LLP. His council in the case is Stewart B. Greenspan. The third -party defendant-appellant in the case is Sanita Construction Company, Inc. They are represented by John Bonanno from Weiner, Morgan, Millo & Bonanno, LLC.
A New York Probate Lawyer said the case is being heard in the Supreme Court of the State of New York, Appellate Division. The judges in the case are Sheri S. Roman, JJ, Ariel E. Belen, Daniel D. Angiolillo, and Reinaldo E. Rivera, J.P.
Appeal
The original case was an act to recover personal injury damages that were sustained and found to be caused by the defendants, et all. This case is an appeal from third -party defendant, Sanita Construction Company. The third -party defendant, Sanita Construction Company is appealing an original decision in the case issued by the Supreme Court of Queens County, which established the motion from the third -party plaintiff, Ciampa Estates, LLC to plan a hearing in order to determine how reasonable the amounts of the proposed settlement to the plaintiff. The hearing would also determine the judgment against Sanita Construction Company, third party defendant for the final settlement amount.
Court Decision and Orders
The Court is ordering that the appeal made from the original order is hereby dismissed. The reason is that third -party defendant, Sanita Construction Company is not distressed, and the appeal is unnecessary.
The Court also orders that the original order, which took place in September of 2010 and was amended by an order in January of 2011, is affirmed.
The final decision of the Court is that there will be a bill of costs to be given to the, Ciampa Estates, LLC, third –party plaintiff. Queens Probate Lawyers said this will be determined after the hearing is held as stated by the previous court that issued the order for a hearing to take place.
The Court is declining to address the argument raised by the Sanita Construction Company, listed as the third-party defendant, that states the third party plaintiff and defendant, Ciampa Estates, LLC, does not have an entitlement to contractual indemnification since there was no negligence found on the part of Sanita Construction Company. This appeal should have been considered in the fall of 2009 as originally ordered by the previous court that heard this case.
Sanita Construction Company did not perfect their appeal on this account from the original order that was made to do so by November of 2009.The Court does not typically consider an issue that was raised on a succeeding appeal when the issue could have been made previously on another appeal that has been dismissed because there was lack of prosecution. In this particular case, Sanita Construction Company has failed to provide enough evidence for the court to consider this appeal even though the Court does have jurisdiction to do such, but in this case Sanita Construction Company has not shown any foundation for the court to rule on this matter. A Staten Island Probate Lawyer said additionally, the remaining contentions from Sanita Construction Company are not held properly in front of this Court.
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