Alberi v. Rossi

Appellate Division of the Supreme Court of New York

Alberi v. Rossi

108 A.D.2d 833, 485 N.Y.S.2d 337, 1985 N.Y. App. Div. LEXIS 43160

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

DecidedFebruary 19, 1985

StatusPublished

Cited by3 cases

This text of 108 A.D.2d 833 (Alberi v. Rossi) 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

Alberi v. Rossi, 108 A.D.2d 833, 485 N.Y.S.2d 337, 1985 N.Y. App. Div. LEXIS 43160 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover legal fees for services rendered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Stolarik, J.), dated December 6, 1983, as granted the branch of defendant’s motion which, pursuant to CPLR 3024 (b), was to strike a portion of paragraph seventh of the complaint as scandalous, and directed service of an amended complaint.

Appeal dismissed, without costs or disbursements.

An order striking scandalous or prejudicial matter from a pleading is not appealable as of right (CPLR 5701 [b] [3]). Permission to appeal has not been sought and we are not inclined to grant it sua sponte. Accordingly, dismissal is required (Tudor v Riposanu, 93 AD2d 718). Lazer, J. P., Mangano, Bracken and Niehoff, JJ., concur.

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In an action to recover legal fees for services rendered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Stolarik, J.), dated December 6, 1983, as granted the branch of defendant’s motion which, pursuant to CPLR 3024 (b), was to strike a portion of paragraph seventh of the complaint as scandalous, and directed service of an amended complaint.

Appeal dismissed, without costs or disbursements.

An order striking scandalous or prejudicial matter from a pleading is not appealable as of right (CPLR 5701 [b] [3]). Permission to appeal has not been sought and we are not inclined to grant it sua sponte. Accordingly, dismissal is required (Tudor v Riposanu, 93 AD2d 718). Lazer, J. P., Mangano, Bracken and Niehoff, JJ., concur.

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Bluebook (online)

108 A.D.2d 833, 485 N.Y.S.2d 337, 1985 N.Y. App. Div. LEXIS 43160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alberi-v-rossi-nyappdiv-1985.

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