Ciprijan v. Stone

Appellate Division of the Supreme Court of New York

Ciprijan v. Stone

65 A.D.3d 659, 883 N.Y.S.2d 920

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

DecidedAugust 25, 2009

StatusPublished

Cited by2 cases

This text of 65 A.D.3d 659 (Ciprijan v. Stone) 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

Ciprijan v. Stone, 65 A.D.3d 659, 883 N.Y.S.2d 920 (N.Y. Ct. App. 2009).

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Opinion

— In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Grays, J.), dated September 25, 2008, which, sua sponte, directed them to submit to the court a copy of the bill of particulars in connection with their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the plaintiffs cross motion for summary judgment on the issue of liability.

[660]*660Ordered that the appeal is dismissed, with costs to the respondent.

The appeal must be dismissed, as no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701 [a] [2]), and we decline to grant leave to appeal. Spolzino, J.P., Santucci, Angiolillo, Leventhal and Lott, JJ., concur.

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— In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Grays, J.), dated September 25, 2008, which, sua sponte, directed them to submit to the court a copy of the bill of particulars in connection with their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the plaintiffs cross motion for summary judgment on the issue of liability.

[660]*660Ordered that the appeal is dismissed, with costs to the respondent.

The appeal must be dismissed, as no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701 [a] [2]), and we decline to grant leave to appeal. Spolzino, J.P., Santucci, Angiolillo, Leventhal and Lott, JJ., concur.

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Bluebook (online)

65 A.D.3d 659, 883 N.Y.S.2d 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciprijan-v-stone-nyappdiv-2009.

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