Cunha v. Dinizio
Court: Appellate Division of the Supreme Court of the State of New York; October 25, 1999; New York; State Appellate Court
In an appeal concerning an accounting of rental income from a marina boat slip, defendants Douglas Dinizio, Walter Cook, and Dinizio and Cook, Inc. contest an order from the Supreme Court, Suffolk County, which partially granted the plaintiff's motion for summary judgment on liability and denied the defendants' cross motion to consolidate this case with another ongoing action. The plaintiff initiated the action seeking funds related to her ownership of a boat slip, asserting that she purchased shares in Maidstone Harbor Marina, Inc. and held a proprietary lease for the slip. The plaintiff claims the defendants had agreed to manage the rental of the slip and remit profits to her. The court found the defendants' affidavits, which lacked substantiation, insufficient to counter the plaintiff's evidence of sole ownership and funding for the slip. The Supreme Court's decision to deny consolidation was upheld, as the defendants did not demonstrate that the cases involved similar factual and legal issues. Other arguments presented by the defendants were deemed without merit. The order was affirmed with costs.