Neal D'Alessio et ano v. Marc Ziorgiannis et al. (2011)

MEMORANDUM OF DECISION RE MOTION TO OPEN JUDGMENT (# 108)

This case comes to this court as a motion to open the judgment.   The parties have filed documents and briefs setting forth their respective positions on this motion to reopen this judgment.   Motion # 108 is granted.   Because there appears to be substantial issues of fact and law on the motion for summary judgment, and because there is a substantial issue of material fact as to the service of the motion for summary judgment on the defendants, and because this court granted that summary judgment motion because there was no objection, the court vacates the order on the summary judgment granting summary judgment, and returns that motion # 102 to the short calendar for further pleadings and proceedings.   The executions issued by the court # 104 and # 105 are vacated.   The motion for summary judgment was # 102.00 and the order granting that was # 102.86, both of which are vacated.

SO ORDERED.

Edward R. Karazin, Jr.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.