AYALA v. FORTALEZA


40 A.D.3d 440 (2007)

836 N.Y.S.2d 584

DOMINGO AYALA et al., Plaintiffs, v. S.S. FORTALEZA et al., Defendants. BOSCO, BESIGNANO & MASCOLO, ESQS., L.L.P., Nonparty Appellant; KENNETH HELLER, Nonparty Respondent.

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

Decided May 22, 2007.


Appellant, which never appealed from or otherwise challenged certain orders by a Supreme Court Justice, could not simply leave those orders undisturbed and then attempt, years later, to persuade another Justice of the same court to nullify them. It is axiomatic that one judge may not review or overrule an order of another judge of coordinate jurisdiction in the same action or proceeding (see People v Evans, 94 N.Y.2d 499, 503-504...

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