Hyperlawhypertext legal database Tomor v. 1733 Development Corp. 297 A.D.2d 374

← Cases

Tomor v. 1733 Development Corp.

297 A.D.2d 374 Court N.Y. App. Div. Decision date 2002-08-26 English

Contents

Majority

p. 374
Jack Tomor et al., Respondents, v 1733 Development Corp., Appellant, et al., Defendants.
[746 NYS2d 614]

The order appealed from was the result of an oral application, and not a motion made on notice. Accordingly, the appeal must be dismissed, as an order which does not decide a motion made on notice is not appealable as of right, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; Kastberg v JLM Land Dev. Corp., 280 AD2d 453 ; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423 ). H. Miller, J.P., Townes, Crane and Cozier, JJ., concur.