Ivory v. Al-An Elevator Maintenance

Appellate Division of the Supreme Court of New York

Ivory v. Al-An Elevator Maintenance

124 A.D.3d 473, 997 N.Y.S.2d 903

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 2015·No. 13968N 402896/11·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

124 A.D.3d 473 (Ivory v. Al-An Elevator Maintenance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related