GRAND LODGE OF THE INDEPENDENT ORDER OF ODD FELLOWS OF THE STATE OF N.Y. v. RUTIGLIANO

2020-05436. Index No. 4568/17.

199 A.D.3d 991 (2021)

154 N.Y.S.3d 785

2021 NY Slip Op 06608

Grand Lodge of the Independent Order of Odd Fellows of the State of New York, Appellant, v. Janet M. Rutigliano et al., Respondents.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Havens Law Firm, Warwick, NY ( Jeremy L. Havens of counsel), for appellant.

Jacobowitz & Gubits, LLP, Walden, NY ( Kara J. Cavallo of counsel), for respondents.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying those branches of the plaintiff's motion which were to vacate the note of issue and to stay all proceedings in this action (see CPLR 2201; 22 NYCRR 202.21; Joseph v Propst, 306 A.D.2d 246

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