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NATL. EQUIP. CORP. v. RUIZ

19 A.D.3d 5 (2005)

794 N.Y.S.2d 2

In the Matter of NATIONAL EQUIPMENT CORPORATION, Petitioner, v. NORMA RUIZ, as Justice of the Supreme Court, et al., Respondents.

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

April 5, 2005.

Attorney(s) appearing for the Case

Eustace & Marquez, White Plains (Mark A. Solomon and Rose M. Cotter of counsel), for National Equipment Corporation, petitioner.

Newman Fitch Altheim Myers, P.C., New York City (Francine Scotto of counsel), for Ferrara Foods & Confections, Inc., cross petitioner-respondent.

Eliot Spitzer, Attorney General, New York City (Katherine E. Timon of counsel), for Hon. Norma Ruiz, respondent.

The Durst Law Firm, P.C., New York City (John E. Durst, Jr. of counsel), for Cirro Rodriguez, respondent.

MAZZARELLI, J.P., MARLOW, ELLERIN and GONZALEZ, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this original CPLR article 78 proceeding brought in this Court pursuant to CPLR 506 (b) (1) and 7804 (b), petitioner National Equipment Corporation (hereinafter referred to as National Equipment) seeks (1) a writ of prohibition against respondent Supreme Court Justice Norma Ruiz, prohibiting her from "impeaching a duly reported verdict" in favor of National Equipment "by entering as a`verdict' a different award that...

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