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Conti v. Citrin

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 251 (N.Y. App. Div. 1997)

Summary

In Conti (supra), as in the case at bar, the Court witnessed a disturbance and yet was later called upon to continue presiding.

Summary of this case from People v. Page

Opinion

May 20, 1997

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


Defendant's claim that laches bars plaintiffs' right to recover attorneys' fees incurred by reason of postjudgment proceedings or further appeals, specifically recognized in the judgment of February 1, 1990, without limitation on the time in which to make such an application, was properly rejected for failure to show a disadvantageous change in situation or other prejudice directly attributable to the delay ( see, Seligson v. Weiss, 222 App. Div. 634, 637-638). Concerning the recusal motion, which was based on the IAS Justice's participation as a subpoenaed witness in defendant's separate action against plaintiff for an alleged assault that took place in the Justice's robing room, "[t]his discretionary decision [was] within the personal conscience of the court", "the sole arbiter of discretion" absent a legal disqualification under Judiciary Law § 14 ( People v. Moreno, 70 N.Y.2d 403, 405), and should not be disturbed "[u]nless the moving party can point to an actual ruling which demonstrates bias", which defendant does not do ( Solow v. Wellner, 157 A.D.2d 459).

Concur — Murphy, P.J., Wallach, Tom and Mazzarelli, JJ.


Summaries of

Conti v. Citrin

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 251 (N.Y. App. Div. 1997)

In Conti (supra), as in the case at bar, the Court witnessed a disturbance and yet was later called upon to continue presiding.

Summary of this case from People v. Page

In Conti v Citrin (239 AD2d 251 [1st Dept 1997]) the Appellate Division reviewed a case similar to the current matter before the court.

Summary of this case from People v. Page

In Conti v. Citrin, 239 A.D.2d 251 (First Dept. 1997) the Appellate Division reviewed a case similar to the current matter before the court.

Summary of this case from People v. Page
Case details for

Conti v. Citrin

Case Details

Full title:PAUL CONTI et al., Respondents, v. HERBERT CITRIN, Appellant

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

Date published: May 20, 1997

Citations

239 A.D.2d 251 (N.Y. App. Div. 1997)
657 N.Y.S.2d 678

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