Meng v. Allen

Appellate Division of the Supreme Court of New York

Meng v. Allen

117 A.D.3d 621, 985 N.Y.S.2d 875

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

DecidedMay 27, 2014

StatusPublished

Cited by2 cases

This text of 117 A.D.3d 621 (Meng v. Allen) 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

Meng v. Allen, 117 A.D.3d 621, 985 N.Y.S.2d 875 (N.Y. Ct. App. 2014).

Pincite

Opinion

Appeal from order, Supreme Court, New York County (Laura Drager, J.), entered May 28, 2013, which sua sponte reinstated an order entered December 20, 2011 granting defendant’s motion to dismiss the complaint on the ground of forum non conveniens, unanimously dismissed, without costs, as taken from a nonappealable paper.

A sua sponte order is not appealable as of right (Unanue v Rennert, 39 AD3d 289, 290 [1st Dept 2007]), and this Court denied plaintiff’s motion for leave to appeal. Plaintiff could move before the trial court to vacate the sua sponte order, and possibly appeal as of right from any subsequent denial of that motion (CPLR 5701 [a] [2], [3]), but he has not done so.

Concur — Sweeny, J.E, Acosta, Renwick, Andrias and Freedman, 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 (Laura Drager, J.), entered May 28, 2013, which sua sponte reinstated an order entered December 20, 2011 granting defendant’s motion to dismiss the complaint on the ground of forum non conveniens, unanimously dismissed, without costs, as taken from a nonappealable paper.

A sua sponte order is not appealable as of right (Unanue v Rennert, 39 AD3d 289, 290 [1st Dept 2007]), and this Court denied plaintiff’s motion for leave to appeal. Plaintiff could move before the trial court to vacate the sua sponte order, and possibly appeal as of right from any subsequent denial of that motion (CPLR 5701 [a] [2], [3]), but he has not done so.

Concur — Sweeny, J.E, Acosta, Renwick, Andrias and Freedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

117 A.D.3d 621, 985 N.Y.S.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meng-v-allen-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack