Fortinsky v. Freidfertig
This text of 41 A.D.3d 535 (Fortinsky v. Freidfertig) 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
-In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an amended order of the Supreme Court, Westchester County (LaCava, J.), entered May 19, 2006, which, sua sponte, removed the matter to the Village Court of the Village of Scarsdale.
Ordered that the appeal is dismissed, without costs or disbursements.
The amended order entered May 19, 2006 is not appealable as of right, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]) and we decline to grant leave to appeal (see CPLR 5701 [c]). Spolzino, J.P., Skelos, Dillon and McCarthy, JJ., concur.
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Cite This Page — Counsel Stack
41 A.D.3d 535, 836 N.Y.S.2d 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortinsky-v-freidfertig-nyappdiv-2007.