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Unanue v. Leon

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2007
39 A.D.3d 289 (N.Y. App. Div. 2007)

Opinion

No. 739-740.

April 10, 2007.

Appeal from order, Supreme Court, New York County (Jacqueline W. Silbermann, J., upon decision of Ira Gammerman, J.H.O.), entered on or about September 29, 2005, which, sua sponte, dismissed the complaint with prejudice, unanimously dismissed, with costs in favor of defendants-respondents.

Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart Olstein, Roseland, NJ (Lindsey H. Taylor of counsel), for appellant.

Bruce A. Lawrence, Brooklyn (R. Alexander Hulten of counsel), for Vigilante Contracting Company, Inc., respondent.

Robin Harris King Yuhas Fodera Richman, New York (John V. Barbieri of counsel), for Air Excel Mechanical Corp., respondent.

Cartafalsa Slattery Turpin Lenoff, New York (Patricia Zincke of counsel), for Myriad Construction Services, Inc., respondent.

Before: Tom, J.P., Marlow, Nardelli, Gonzalez and Kavanagh, JJ.


No appeal as of right lies from a sua sponte order ( Sholes v Meagher, 100 NY2d 333, 335). If the matter is to be reviewed, plaintiff should move to vacate the sua sponte order ( see CPLR 5701 [a] [3]) so as to create a suitable appellate record and afford counsel the opportunity to be heard on the issues ( see Davidson v Regan Fund Mgt. Ltd., 15 AD3d 172).


Summaries of

Unanue v. Leon

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2007
39 A.D.3d 289 (N.Y. App. Div. 2007)
Case details for

Unanue v. Leon

Case Details

Full title:LILIANE UNANUE, Appellant, v. IRA LEON RENNERT et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 10, 2007

Citations

39 A.D.3d 289 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3016
831 N.Y.S.2d 904

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