RELLEH INDUSTRIAL CORP. v. TICKLER SYSTEMS, INC.


290 A.D.2d 404 (2002)

737 N.Y.S.2d 271

RELLEH INDUSTRIAL CORP. et al., Appellants, v. TICKLER SYSTEMS, INC., et al., Defendants, and VALERIA CALLOWAY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 31, 2002.


The prior dismissal of the action, apparently due to the parties' failure to appear at a scheduled conference and without awareness of both sides' pending motions for sanctions, did not divest the motion court of jurisdiction to entertain defendants' motion for sanctions. Plaintiffs are not entitled to a jury trial on the issue of whether the individual plaintiff asserted material factual statements that were false, and, if so, whether he did so deliberately (see,...

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