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Savarese v. Nicotra Group

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 315 (N.Y. App. Div. 2007)

Opinion

November 8, 2007.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about April 19, 2007, which conditioned retrial on plaintiffs counsel paying costs in the aggregate amount of $29,722.40 to defense counsel, unanimously affirmed, with costs.

Before: Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.


The court properly awarded costs to defense counsel, since the record establishes that plaintiffs counsel had been unprepared on the issue of damages and was unable to go forward without a 10-day continuance. As a result, the court granted plaintiffs counsel's mistrial motion, and it did so on terms that were "just" within the meaning of CPLR 4402.


Summaries of

Savarese v. Nicotra Group

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 315 (N.Y. App. Div. 2007)
Case details for

Savarese v. Nicotra Group

Case Details

Full title:MICHAEL SAVARESE, Plaintiff, v. NICOTRA GROUP, LLC, et al., Respondents…

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

Date published: Nov 8, 2007

Citations

45 A.D.3d 315 (N.Y. App. Div. 2007)
845 N.Y.S.2d 40