325 Mgt. Corp. v. Statuto

Appellate Division of the Supreme Court of New York

325 Mgt. Corp. v. Statuto

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 2026

DocketIndex No. 157359/21|Appeal No. 6489|Case No. 2025-02263|

StatusPublished

This text of 325 Mgt. Corp. v. Statuto (325 Mgt. Corp. v. Statuto) 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.

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325 Mgt. Corp. v. Statuto, (N.Y. Ct. App. 2026).

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Opinion

325 Mgt. Corp. v Statuto - 2026 NY Slip Op 02720

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

325 Mgt. Corp. v Statuto

2026 NY Slip Op 02720

April 30, 2026

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

325 Management Corp., Plaintiff-Respondent,

v

Danielle Statuto, Defendant-Appellant.

Decided and Entered: April 30, 2026

Index No. 157359/21|Appeal No. 6489|Case No. 2025-02263|

Before: Kennedy, J.P., Gesmer, González, Rosado, Chan, JJ.

Danielle Statuto, appellant pro se.

Belkin Burden Goldman, LLP, New York (Matthew S. Brett of counsel), for respondent.

[*1]

Appeal from order, Supreme Court, New York County (Paul A. Goetz, J.), entered March 13, 2025, which denied defendant's CPLR 2221(d) motion for leave to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies as of right from an order denying reargument (CPLR 5701[a]; see Manhattan Telecom., Corp. v Coordinated Behavioral Care, Inc., 216 AD3d 428, 428 [1st Dept 2023]), and we decline to deem defendant's notice of appeal an application for leave to appeal from the order denying reargument (cf. All Craft Fabricators, Inc. v ATC Assoc., Inc., 153 AD3d 1159, 1160 [1st Dept 2017] [notice of appeal from an order not appealable as of right deemed to be a motion for leave to appeal where relief granted by Supreme Court, sua sponte dismissal of the complaint, was of an "extraordinary nature"]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 30, 2026

Links to or from other sites do not signify endorsement or relationship with them.

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325 Mgt. Corp. v Statuto - 2026 NY Slip Op 02720

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

325 Mgt. Corp. v Statuto

2026 NY Slip Op 02720

April 30, 2026

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

325 Management Corp., Plaintiff-Respondent,

v

Danielle Statuto, Defendant-Appellant.

Decided and Entered: April 30, 2026

Index No. 157359/21|Appeal No. 6489|Case No. 2025-02263|

Before: Kennedy, J.P., Gesmer, González, Rosado, Chan, JJ.

Danielle Statuto, appellant pro se.

Belkin Burden Goldman, LLP, New York (Matthew S. Brett of counsel), for respondent.

[*1]

Appeal from order, Supreme Court, New York County (Paul A. Goetz, J.), entered March 13, 2025, which denied defendant's CPLR 2221(d) motion for leave to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies as of right from an order denying reargument (CPLR 5701[a]; see Manhattan Telecom., Corp. v Coordinated Behavioral Care, Inc., 216 AD3d 428, 428 [1st Dept 2023]), and we decline to deem defendant's notice of appeal an application for leave to appeal from the order denying reargument (cf. All Craft Fabricators, Inc. v ATC Assoc., Inc., 153 AD3d 1159, 1160 [1st Dept 2017] [notice of appeal from an order not appealable as of right deemed to be a motion for leave to appeal where relief granted by Supreme Court, sua sponte dismissal of the complaint, was of an "extraordinary nature"]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 30, 2026

Links to or from other sites do not signify endorsement or relationship with them.

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325 Mgt. Corp. v. Statuto, Counsel Stack Legal Research, https://law.counselstack.com/opinion/325-mgt-corp-v-statuto-nyappdiv-2026.