| Curry v Common Ground Community, H.D.F.C. |
| 2017 NY Slip Op 00432 [146 AD3d 641] |
| January 24, 2017 |
| Appellate Division, First Department |
[*1]
| Cornell Curry, Appellant, v Common GroundCommunity, H.D.F.C., Respondent. |
Cornell Curry, appellant pro se.
Kellner Herlihy Getty & Friedman, LLP, New York (Jeanne-Marie Williams ofcounsel), for respondent.
Appeal from order, Supreme Court, New York County (Marcy S. Friedman, J.),entered October 22, 2003, which denied plaintiff's motion for summary judgment uponhis default in appearance at oral argument, and sua sponte dismissed the action pursuantto an order, Supreme Court, Kings County (Muriel Hubsher, J.), entered on or aboutDecember 18, 2002, precluding plaintiff from taking any further legal steps in anyjurisdiction regarding his 1993 eviction from defendant's premises, unanimouslydismissed, without costs, as filed in violation of court orders, and it is ordered thatplaintiff is enjoined from commencing any further lawsuits against this defendant, andfrom filing any further motions or appeals relating to his 1993 eviction, without priorapproval of this Court or the Administrative Judge of the Supreme Court, New YorkCounty, and that any violations will be subject to contempt and imposition of sanctionsto be determined by the Administrative Judge after appropriate procedures.
Plaintiff's appeal violates the December 18, 2002 order, as well as two other orders,including an order of this Court (M-5011, Dec. 14, 2004), which effectively barredplaintiff from filing any papers in this matter without prior judicial approval.
Were we to reach the merits of the appeal, we would affirm. The December 18, 2002order is binding on plaintiff, because he voluntarily submitted to the jurisdiction of theKings County court by commencing a lawsuit seeking affirmative relief there (seeMatter of Track Artist Mgt. v Quigley, 309 AD2d 680, 680 [1st Dept 2003], lvdenied 1 NY3d 506 [2004]).
Given plaintiff's "continuous and vexatious litigation," an order enjoining him fromfurther litigation against this defendant, to the extent indicated, is warranted (see Banushi v Law Off. of Scott W.Epstein, 110 AD3d 558, 558 [1st Dept 2013]; Novel v Salzberg, 253AD2d 684 [1st Dept 1998], lv denied 92 NY2d 816 [1998], cert denied527 US 1007 [1999]). Concur—Sweeny, J.P., Renwick, Andrias, Kahn andGesmer, JJ.