Judge Michael Ciaffa
Klein Liebman & Gresen (KL&G) was appointed to conduct a business appraisal in a contested matrimonial proceeding. A Supreme Court interim order allocated the cost of the appraisal between the parties, but Suhu failed to pay his share, and KL&G moved for summary judgment on its claim for work, labor and services. Suhu answered the complaint and cross-moved to dismiss for failure to state a cause of action and lack of personal jurisdiction. The court found Suhu’s cross-motion for dismissal for lack or personal jurisdiction untimely, noting he failed to make the motion within 60 days after serving his answer, thus the objection was waived under CPLR 3211(e). Yet, it agreed with Suhu’s cross-motion, stating the issue of expert fees in matrimonial actions was within the purview of the matrimonial court. The court stated to the extent Suhu’s potential liability rested on a Supreme Court’s orders, this court should not become involved in the dispute. As claims made against Suhu were inextricably intertwined with the Supreme Court’s jurisdiction over the underlying matrimonial proceeding, only the Supreme Court had the power to apportion the court appointed appraiser’s fees between the parties. KL&G’s motion was denied.
