| Dune Deck Owners Corp. v J.J.& P. Assoc. Corp. |
| 2011 NY Slip Op 05653 [85 AD3d 1091] |
| June 28, 2011 |
| Appellate Division, Second Department |
| Dune Deck Owners Corp., Respondent, v J.J.& P.Associates Corp. et al., Defendants. J.P. Liggett, Nonparty Appellant. |
—[*1] Barbara A. Rasmussen, Westhampton Beach, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of a lease, the nonparty J.P. Liggettappeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County(Weber, J.), dated April 7, 2009, as, among other things, granted that branch of the plaintiff'smotion which was to direct a resale of the subject property at public auction, and denied his crossmotion to direct the plaintiff to cooperate in a sale of the property to him or to return his depositon the property.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court did not improperly refuse to granthim a third adjournment before deciding the underlying motion and cross motion. "The grant ordenial of a motion for 'an adjournment for any purpose is a matter resting within the sounddiscretion of the trial court' " (Matter ofSteven B., 6 NY3d 888, 889 [2006], quoting Matter of Anthony M., 63 NY2d270, 283 [1984]; see Matter of Cicconev Ciccone, 73 AD3d 1052 [2010]; Diamond v Diamante, 57 AD3d 826, 827 [2008]). Uponconsideration of all of the attendant circumstances in this case, the Supreme Court did notimprovidently exercise its discretion in denying the appellant's request for a third adjournment(see Lopez v DePietro, 82 AD3d715, 715-716 [2011]; Matter ofPhilip K. v Thervey B., 78 AD3d 1183, 1184 [2010]).
Similarly, the Supreme Court did not err in deciding the motion and cross motion without ahearing, since the appellant failed to demonstrate the existence of any relevant factual disputewarranting a hearing (see DeutscheBank Natl. Trust Co. v Zlotoff, 77 AD3d 702 [2010]).
The appellant's remaining contentions are without merit. Mastro, J.P., Belen, Sgroi andMiller, JJ., concur.