Opinion
Motion No: M-3691
04-23-2019
Jennifer Cangro, Plaintiff-Appellant, v. Park South Towers Associates and100909/18 Rose and Rose, Defendants-Respondents.
An order of this Court having been entered on October 12, 2017 (Jennifer Cangro v Park South Tower Associates, et al., Index No. 100761/15, Appeal No. 4641), unanimously affirming the order of the Supreme Court, New York County, entered on or about August 4, 2016, which granted defendants' motion to dismiss plaintiff's third complaint against them and imposed monetary sanctions on plaintiff, and, inter alia, enjoining plaintiff from commencing any further litigation relating to this matter without permission of this Court, And plaintiff, pro se, having commenced a fourth action against defendants in Supreme Court, New York County, Index No. 100909/18, without seeking the permission of this Court,And defendant Rose and Rose having moved for an order (1) holding plaintiff in civil contempt of this Court's October 12, 2017 order (Appeal No. 4641) and directing that she be incarcerated until she purges her contempt; (2) dismissing the fourth action against defendants; and (3) awarding defendants the costs, disbursements and expenses relating to this application, including reasonable attorney's fees, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to dismiss this fourth action against defendants, pending in Supreme Court, New York County, under Index No. 100909/18, is granted, and It is further ordered that the branch of the motion seeking to hold plaintiff in civil contempt and to direct that she be incarcerated until she purges her contempt is denied. Plaintiff is directed to comply with this Court's October 12, 2017 order (Appeal No. 4641), including that she is enjoined from commencing any further litigation relating to this matter without permission of this Court, and this Court imposes an additional sanction on plaintiff pursuant to 22 NYCRR 130-1.1 in the amount of $2,000 in light of her protracted history of frivolous litigation and the need to deter such conduct in the future. Plaintiff is directed to deposit the sum of $2,000 with the Clerk of this Court within 30 days of the service of this order upon her with notice of entry for transmittal to the Commissioner of Taxation and Finance (See 22 NYCRR 130-1.1[b], 130-1.3), and It is further order that the branch of the motion seeking an award of costs, disbursements and expenses relating to this application, including reasonable attorney's fees, is granted to the extent of remanding the matter to the Supreme Court, New York County, for determination of the appropriate costs and attorney's fees to be imposed on plaintiff relating to this application, payable to defendant-movant.Defendant-movant is directed to personally serve a copy of this order upon the Clerk of the Supreme Court, New York County, within 10 days of the date of entry hereof.
ENTERED: April 23, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Anil C. Singh Peter H. Moulton,Justices
M-3691
Index Nos. 100761/15