SEA TRADE MARITIME CORPORATION, plf-res, v. STYLIANOS COUTSODONTIS, def-ap

10220. SEA TRADE MARITIME CORPORATION, plf-res, v. STYLIANOS COUTSODONTIS, def-ap — Poles Tublin Stratakis & Gonzalez, LLP, New York (Scott R. Johnston of counsel), for ap — Cardillo & Corbett, New York (James P. Rau of counsel), for res — Judgment, Supreme Court, New York County (Anil C. Singh, J.), entered May 2, 2012, awarding plaintiff the principal sum of $704,066.41, plus interest, costs and disbursements, and bringing up for review an order, same court and Justice, entered March 12, 2012, which granted plaintiff's motion for summary judgment in lieu of complaint and denied defendant's cross motion for summary judgment dismissing the action or, in the alternative, for a stay, unanimously reversed, on the law, without costs, the judgment vacated, plaintiff's motion for summary judgment denied, and plaintiff is directed to file a complaint within 30 days of entry of this order.

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10220. SEA TRADE MARITIME CORPORATION, plf-res, v. STYLIANOS COUTSODONTIS, def-ap — Poles Tublin Stratakis & Gonzalez, LLP, New York (Scott R. Johnston of counsel), for ap — Cardillo & Corbett, New York (James P. Rau of counsel), for res — Judgment, Supreme Court, New York County (Anil C. Singh, J.), entered May 2, 2012, awarding plaintiff the principal sum of $704,066.41, plus interest, costs and disbursements, and bringing up for review an order, same court and Justice, entered March 12, 2012, which granted plaintiff’s motion for summary judgment in lieu of complaint and denied defendant’s cross motion for summary judgment dismissing the action or, in the alternative, for a stay, unanimously reversed, on the law, without costs, the judgment vacated, plaintiff’s motion for summary judgment denied, and plaintiff is directed to file a complaint within 30 days of entry of this order.

Plaintiff’s motion brought pursuant to CPLR 3213 to enforce a Spanish court’s award of damages as against defendant who improperly commenced a proceeding to arrest plaintiff’s ship in Spain should not have been granted.

SEA TRADE MARITIME CORPORATION, plf-res, v. STYLIANOS COUTSODONTIS, def-ap

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