MOLLICA v. RUZZA

Docket No. 50759/2014.

2017 NY Slip Op 31653(U)

CHERYL M. MOLLICA, Plaintiff, v. WILLIAM A. RUZZA, JR., CHRISTOPHER C. MOLLICA, SYNERGIX FUNDING GROUP, LLC, RAYMOND STURINO, IVY HILL COMMODITIES CORP., CAPITAL ONE BANK (USA), N.A. OLD DOCK ROAD PROPERTIES LLC, Defendants.

Supreme Court, Dutchess County.


Attorney(s) appearing for the Case

ALISA LEONA SONDAK, ESQ. , SONDAK LAW GROUP, P.C., 110 East 59th Street, 23rd Floor, New York, New York 10023, alisa@sondaklaw.com, Attorneys for Plaintiff.

DANIEL H. RICHLAND, ESQ. , 152 West Hoffman Avenue, Suite 11, Lindenhurst, New York 11730, Attorney for Plaintiff.

CHRISTOPHER MOLLICA, Defendant, Pro Se, 5 Raphael Street, Huntington Station, New York 11746, via U.S.P.S. regular mail.

JONATHAN BRETT NELSON, ESQ. , DORF & NELSON, LLP, 555 Theodore Fremd Avenue, Suite A300, Rye, New York 10580, jnelson@dorlaw.com, Attorneys for Defendant SYNERGIX FUNDING GROUP, LLC.

ANTHONY M. PROVENZANO, ESQ. , 320 Westchester Avenue, Port Chester, New York 10573, aprovenzano63@ymail.com, Attorneys for Defendant RAYMOND STURINO.

MICHAEL L. SHANKER, ESQ. , SHANKER LAW GROUP, 101 Front Street, Mineola, New York 11501, mshanker@shanklerlaw.com, Attorneys for Defendant IVY HILL COMMODITIES CORP.


DECISION AND ORDER

JAMES D. PAGONES, Judge.

The motion is decided as follows:

Plaintiff's complaint seeks the following relief:

"A. A Judgment determining that Plaintiff is the 75% owner of the Premises; B. A Judgment barring all of the defendants from all claim to an estate or interest in the Premises, except Defendant Christopher C. Mollica and every person claiming an estate or interest derived from him; C. A Judgment awarding possession of the Premises to Plaintiff, subject to the rights of any person in possession who derives their title or estate from or through Plaintiff or Defendant Christopher C. Mollica; D. An Order directing any person in possession of the Premises to attorn to Plaintiff and any other person the Court determines to have an ownership interest in the Premises; E. An Order declaring that Fraudulent Deed No. 1 is fraudulent; F. An Order vacating and setting aside Fraudulent Deed No. 1; G. An Order declaring that Fraudulent Deed No. 2 is fraudulent; H. An Order vacating and setting aside Fraudulent Deed No. 2; I. An Order directing Defendant William A. Ruzza, Jr. and Defendant Christopher C. Mollica to account for all sums collected from the rents collected from the Premises; J. A Judgment against Defendant William A. Ruzza, Jr. and Defendant Christopher C. Mollica for an amount to be determined by this Court for any sums due and owing to Plaintiff for rents collected by said defendants from the Premises, together with interest, costs and expenses, disbursements, and reasonable attorneys' fees . . ."

The deliberate joinder of claims for legal and equitable relief arising out of the same transaction amounts to a waiver of the right to demand a jury trial (see CPLR §4102(a); Zutrau v. ICE Sys., Inc., 128 A.D.3d 1058 [2nd Dept 2015] leave to appeal denied by 26 N.Y.3d 907; Anesthesia Assoc. of Mount Kisco, LLP v. Northern Westchester Hosp. Ctr., 59 A.D.3d 481 [2nd Dept 2009]; Hebranko v. Bioline Labs., 149 A.D.2d 567 [2nd Dept 1989]).

Here, the plaintiff's complaint seeks to determine title to real property and includes allegations setting forth an equitable cause of action for an accounting by defendants William A. Ruzza, Jr. and Christopher C. Mollica. By doing so, the plaintiff has waived her right to a jury trial (see Whipple v. Trail Props., 261 A.D.2d 470 [2nd Dept 1999]; Noto v. Headley, 21 A.D.2d 686 [2nd Dept 1964]).

Accordingly, the defendant's motion is granted. Counsel are directed to appear for a pretrial conference on March 24, 2017 at 10:30 a.m. Adjournments are only granted with leave of the Court.

The foregoing constitutes the decision and order of this Court. This decision and order has been electronically filed.


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