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Ivory v. Al-An Elevator Maintenance

124 A.D.3d 473, 997 N.Y.S.2d 903
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 15, 2015
Docket13968N 402896/11
StatusPublished

This text of 124 A.D.3d 473 (Ivory v. Al-An Elevator Maintenance) 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
Ivory v. Al-An Elevator Maintenance, 124 A.D.3d 473, 997 N.Y.S.2d 903 (N.Y. Ct. App. 2015).

Opinion

Appeal from order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 13, 2013, which, to the extent appealed from as limited by the briefs, sua sponte precluded plaintiff from offering at trial the testimony of three nonparty witnesses, unanimously dismissed, without costs.

The part of the court’s order that was entered sua sponte is not appealable as of right (see Ning-Yen Yao v Yao, 88 AD3d 462, 462-463 [1st Dept 2011]; see also Sholes v Meagher, 100 NY2d 333, 335 [2003]; CPLR 5701 [a] [2], [3]). We decline to grant leave to appeal (cf. Ning-Yen, 88 AD3d at 462-463; see CPLR 5701 [c]).

Concur — Mazzarelli, J.E, Sweeny, Andrias, Moskowitz and Richter, JJ.

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Related

Sholes v. Meagher
794 N.E.2d 664 (New York Court of Appeals, 2003)
Ning-Yen Yao v. Kao Yao
88 A.D.3d 462 (Appellate Division of the Supreme Court of New York, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
124 A.D.3d 473, 997 N.Y.S.2d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivory-v-al-an-elevator-maintenance-nyappdiv-2015.