Licorish v Nor-Win Realty Corp.

[*1] Licorish v Nor-Win Realty Corp. 2011 NY Slip Op 51890(U) Decided on October 18, 2011 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 18, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
570376/06.

Nicola M. Licorish, Executor of Licorish, Plaintiff-Respondent,

against

Nor-Win Realty Corp., Defendant, -and- Edwin R. Taitt, Defendant-Appellant.

Defendant Edwin R. Taitt appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered October 14, 2009, which denied his motion to amend a prior judgment to reduce the interest award.

Per Curiam.

Order (Anil C. Singh, J.), entered October 14, 2009, affirmed, without costs.

Defendant-appellant was properly precluded from challenging the method of calculating interest used by the court in its December 13, 2004 order granting plaintiff summary judgment on the underlying complaint. Defendant abandoned this claim when he failed to raise the issue on his direct appeal to this court from the summary judgment order (see Adams Drug Co. v Knobel, 172 AD2d 470 [1991], lv denied 78 NY2d 857 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 18, 2011