Breytman v. Olinville Realty, LLC
Cases that cite this one
2 later published cases cite this decision.
- Matter of Marion C.W. (Lisa K.) (Appellate Division of the Supreme Court of New York 2016)
- Churaman v. C&B Electric, Plumbing & Heating, Inc. (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Further, under the circumstances of this case, the Supreme Court properly granted that branch of the defendant’s cross motion which was to enjoin the plaintiff from filing any further motions without leave of the court. Although public policy generally mandates free access to the courts (see Dimery v Ulster Sav. Bank, 82 AD3d 1034, 1035 [2011]; Sassower v Signorelli, 99 AD2d 358, 359 [1984]), here, the plaintiff forfeited that right by abusing the judicial process (see Dimery v Ulster Sav. Bank, 82 AD3d at 1035; Gorelik v Gorelik, 71 AD3d 729 [2010]; Matter of Simpson v Ptaszynska, 41 AD3d 607, 608 [2007]).
The Supreme Court properly denied, as premature, the plaintiffs motion for “leave to move for summary judgment” on the issue of liability. In light of the incomplete state of discovery, including the fact that the plaintiff himself had not yet been deposed, his prospective motion was premature (see Groves v Land’s End Hous. Co., 80 NY2d 978, 980 [1992]; Wilson
The plaintiffs remaining contentions are either without merit or not properly before this Court. Eng, EJ., Balkin, Hall and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.