Pavia v. Couri

(Sup. Ct. N.Y. Cty. 12/18/06)

We represented: Plaintiff Pavia

Hon. Joan A. Madden, J.S.C.

DECISION and ORDER As directed by this court on the record on December l8, 2006, there shall be no communications made to this court though telephone calls, facsimiles, or letters, except to the Clerk of Part 11 regarding scheduling matters. Furthermore, as previously ordered, any requests for relief must be made by order to show cause. This action, which has a 2002 index number and is scheduled for trial on January 22, 2007, has been vigorously litigated by both sides. At least 27 motions have been submitted and decided by this court.

While counsel for plaintiff on occasion sent communications by facsimile, Mr. Couri has repeatedly sent voluminous faxes and letters and has left numerous messages on chamber’s answering machine, despite being ordered not to do so. Under these circumstances, any violation of this order may be subject to sanctions and/or contempt proceedings. A copy of this order is being mailed to counsel/parties by my chambers.