Budwilowitz v. Marc Nichols Assoc.
This text of 2021 NY Slip Op 03402 (Budwilowitz v. Marc Nichols Assoc.) 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.
Opinion
| Budwilowitz v Marc Nichols Assoc. |
| 2021 NY Slip Op 03402 |
| Decided on June 01, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: June 01, 2021
Before: Gische, J.P., Webber, Singh, Kennedy, JJ.
Index No. 101292/16 Appeal No. 13967 Case No. 2020-00857
v
Marc Nichols Associates, et al., Defendants-Respondents.
Robert Budwilowitz, appellant pro se.
Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered October 11, 2019, which sua sponte dismissed the complaint for failure to comply with a prior order, unanimously dismissed, without costs.
The sua sponte order is not appealable as of right (see CPLR 5701[a][2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]). Plaintiff's remedy was to move to vacate the order, and if that was denied, to appeal the denial of his motion to vacate (id; see also Figiel v Met Food, 48 AD3d 330 [1st Dept 2008]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: June 1, 2021
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2021 NY Slip Op 03402, 144 N.Y.S.3d 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budwilowitz-v-marc-nichols-assoc-nyappdiv-2021.