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Thomas A. POLLAK, Plaintiff-Appellant, v. WHC, INC., et al., Defendants-Respondents, “John Doe # 1” through “John Doe # 25,” etc., Defendants.
Orders, Supreme Court, New York County (Jane S. Solomon, J.), entered March 10, 2005, which granted defendants' motions for summary judgment dismissing the complaint and denied plaintiff's motions to extend his time to serve additional defendants, and interim order, same court and Justice, entered on or about December 22, 2004, which denied plaintiff's motion for recusal, unanimously affirmed, with costs.
Plaintiff's claims with respect to the amount due in foreclosure are barred by his stipulation of settlement in the foreclosure action (see Fifty CPW Tenants Corp. v. Epstein, 16 A.D.3d 292, 294, 792 N.Y.S.2d 58 [2005] ), and an extension of time to serve additional defendants was properly denied in the absence of any merit to such claims (see Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 105, 736 N.Y.S.2d 291, 761 N.E.2d 1018 [2001] ). The Justice, as sole arbiter of recusal absent statutory grounds not present here (see People v. Moreno, 70 N.Y.2d 403, 405-406, 521 N.Y.S.2d 663, 516 N.E.2d 200 [1987] ), properly based her articulated view of plaintiff's position not on extrajudicial sources, but on her own knowledge and accurate perception of the case (see Matter of Herskowitz v. Tompkins, 184 A.D.2d 402, 404, 585 N.Y.S.2d 386 [1992], appeal dismissed 80 N.Y.2d 1023, 592 N.Y.S.2d 671, 607 N.E.2d 818 [1992] ). We have considered plaintiff's other contentions and find them unavailing.
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Decided: February 07, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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