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Nyari v. Onefater

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2020
2020 N.Y. Slip Op. 1071 (N.Y. App. Div. 2020)

Opinion

2018-07543

02-13-2020

Ildiko Nyari, appellant, v. Mikhail Onefater, et al., respondents.

Ildiko Nyari, New York, NY, appellant pro se. Lowenthal PC, Brooklyn, NY (Steven Lowenthal of counsel), for respondents.


JOSEPH J. MALTESE HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (Index No. 504815/17)

Ildiko Nyari, New York, NY, appellant pro se.

Lowenthal PC, Brooklyn, NY (Steven Lowenthal of counsel), for respondents.

DECISION & ORDER

In an action to recover damages for wrongful eviction and to vacate an order allegedly issued by the Civil Court of the City of New York, the plaintiff appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated May 3, 2017. The order, upon, in effect, deeming a portion of the complaint as a motion by the plaintiff to vacate an order allegedly issued by the Civil Court of the City of New York, denied the purported motion and, sua sponte, directed the dismissal of the complaint.

ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the order is reversed, on the law, with costs.

On this extremely sparse record, we discern no valid legal basis upon which the Supreme Court could have seen fit, in effect, to deem a portion of the pro se plaintiff's complaint as a "motion" by her to vacate an order allegedly issued by the Civil Court of the City of New York and, thereafter, to deny that motion on the merits and, sua sponte, direct the dismissal of the complaint.

To the extent the defendants' brief on appeal refers to matter dehors the record, we have not considered it.

CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Nyari v. Onefater

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2020
2020 N.Y. Slip Op. 1071 (N.Y. App. Div. 2020)
Case details for

Nyari v. Onefater

Case Details

Full title:Ildiko Nyari, appellant, v. Mikhail Onefater, et al., respondents.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 13, 2020

Citations

2020 N.Y. Slip Op. 1071 (N.Y. App. Div. 2020)