44TH-47TH REALTY ASSOCIATES, LLC v. FUENTES


5 A.D.3d 207 (2004)

772 N.Y.S.2d 817

44TH-47TH REALTY ASSOCIATES, LLC, Respondent, v. JOSE FUENTES, Appellant.

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

March 11, 2004.


The record does not support defendant's claims that the court denied defendant an opportunity to cross-examine plaintiff's witness or to put on a defense; defendant never sought to do either. When the trial court offered defense counsel an opportunity to cross-examine the witness, counsel instead argued for dismissal of the complaint. After engaging in a dialogue with counsel on that issue, the court directed that judgment be entered in plaintiff's favor. At that point, rather...

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