33-24 Northern Blvd., LLC v. Mesumi Corp.

Appellate Division of the Supreme Court of New York

33-24 Northern Blvd., LLC v. Mesumi Corp.

124 A.D.3d 762, 998 N.Y.S.2d 648

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

DecidedJanuary 21, 2015

Docket2014-03398

StatusPublished

This text of 124 A.D.3d 762 (33-24 Northern Blvd., LLC v. Mesumi 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

33-24 Northern Blvd., LLC v. Mesumi Corp., 124 A.D.3d 762, 998 N.Y.S.2d 648 (N.Y. Ct. App. 2015).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (O’Donoghue, J), dated March 4, 2014, as granted the oral application of the defendant Valdrin Construction Corp. to disqualify the plaintiffs counsel.

Ordered that the appeal is dismissed, with costs.

The order dated March 4, 2014, is not appealable as of right, as it did not decide a motion made on notice (see CFLR 5701). No application was made for permission to appeal and, under the circumstances of this case, where the record is inadequate to determine the appeal on the merits, we decline to grant leave to appeal (see HSBC Mtge. Servs., Inc. v James, 88 AD3d 651 [2011]).

Chambers, J.P., Miller, Duffy and LaSalle, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (O’Donoghue, J), dated March 4, 2014, as granted the oral application of the defendant Valdrin Construction Corp. to disqualify the plaintiffs counsel.

Ordered that the appeal is dismissed, with costs.

The order dated March 4, 2014, is not appealable as of right, as it did not decide a motion made on notice (see CFLR 5701). No application was made for permission to appeal and, under the circumstances of this case, where the record is inadequate to determine the appeal on the merits, we decline to grant leave to appeal (see HSBC Mtge. Servs., Inc. v James, 88 AD3d 651 [2011]).

Chambers, J.P., Miller, Duffy and LaSalle, JJ., concur.

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Bluebook (online)

124 A.D.3d 762, 998 N.Y.S.2d 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/33-24-northern-blvd-llc-v-mesumi-corp-nyappdiv-2015.

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