Spodek v. Neiss

Appellate Division of the Supreme Court of New York

Spodek v. Neiss

138 A.D.3d 824, 28 N.Y.S.3d 325

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 2016·No. 2014-03709·Published

Opinion

In an action, inter alia, to recover damages for breach of contract, the appeal is from an order of the Supreme Court, Nassau County (Bucaria, J.), entered February 5, 2014, which, on the court’s own motion, appointed a receiver of certain premises in Brooklyn.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from an order which does not decide a motion made on notice, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; Garcia v Eurobungy USA, 120 AD3d 623 [2014]).

Balkin, J.P., Roman, Cohen and Hinds-Radix, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the appeal is from an order of the Supreme Court, Nassau County (Bucaria, J.), entered February 5, 2014, which, on the court’s own motion, appointed a receiver of certain premises in Brooklyn.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies as of right from an order which does not decide a motion made on notice, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; Garcia v Eurobungy USA, 120 AD3d 623 [2014]).

Balkin, J.P., Roman, Cohen and Hinds-Radix, JJ., concur.

Spodek v. Neiss, 138 A.D.3d 824, 28 N.Y.S.3d 325 (N.Y. Ct. App. 2016).

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Opinion

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