Home/Appellate Division of the Supreme Court of New York/1471 Second Corp. v. Nat of NY Corp.

1471 Second Corp. v. Nat of NY Corp.

123 A.D.3d 630, 997 N.Y.S.2d 315
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 2014
Docket13844 652594/13
StatusPublished

This text of 123 A.D.3d 630 (1471 Second Corp. v. Nat of NY Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
1471 Second Corp. v. Nat of NY Corp., 123 A.D.3d 630, 997 N.Y.S.2d 315 (N.Y. Ct. App. 2014).

Opinion

Appeal from order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about November 1, 2013, which denied defendants’ letter request to submit a reply brief in further support of their cross motion to dismiss or for summary judgment, unanimously dismissed, without costs, as taken from a nonappealable paper.

The order appealed from did not decide a motion made upon notice and is therefore not appealable as of right (CPLR 5701 [a] [2]; Serradilla v Lords Corp., 12 AD3d 279, 280 [1st Dept 2004]). We decline to exercise our discretion to deem the notice of appeal a motion for leave to appeal (see id.).

Concur — Sweeny, J.P., Andrias, Saxe, DeGrasse and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Serradilla v. Lords Corp.
12 A.D.3d 279 (Appellate Division of the Supreme Court of New York, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
123 A.D.3d 630, 997 N.Y.S.2d 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1471-second-corp-v-nat-of-ny-corp-nyappdiv-2014.