JP MORGAN CHASE BANK, N.A. v. PETERS

Index No. 106318/09. Appeal No. 13751-13751A. Case No. 2019-04086.

194 A.D.3d 415 (2021)

143 N.Y.S.3d 216

2021 NY Slip Op 02749

JP Morgan Chase Bank, N.A., Plaintiff, v. Martin Peters et al., Defendants. Wilmington Savings Fund FSB, Nonparty Appellant-Respondent; East Fork Capital Equities, LLC, Nonparty Respondent-Appellant.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Fishkill ( Louis A. Levithan of counsel), for appellant-respondent.

Paula A. Miller, P.C. Smithtown ( Paula A. Miller of counsel), for respondent-appellant.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.


In a January 30, 2018 order, the court sanctioned plaintiff for failure to comply with the directive to settle an order on notice and directed plaintiff to settle the underlying motion within 30 days. The court further directed that failure to do so would result in dismissal of the action. After multiple opportunities to follow the court's directives, and after being fined, plaintiff was unable to properly settle an order on notice...

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