Appellate Division of the Supreme Court of New York, 2012

Chang v. Chen

Appellate Division of the Supreme Court of New York · Decided December 12, 2012

101 A.D.3d 792; 954 N.Y.2d 884

Cases that cite this one

2 later published cases cite this decision.

Regolodo v. United States Fire Insurance (Appellate Division of the Supreme Court of New York 2013)
Regolodo v. United States Fire Insurance (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The portion of the order appealed from sua sponte, in effect, directed the dismissal of the amended complaint insofar as asserted against the defendant John Chen. As no appeal lies as of right from that part of an order which does not decide a motion made on notice (see CPLR 5701 [a] [2]; Mohler v Nardone, 53 AD3d 600 [2008]; Young v Young, 49 AD3d 720 [2008]), and since, under the circumstances of this case, we decline to grant leave to appeal (see CPLR 5701 [c]), the appeal must be dismissed. Florio, J.P., Balkin, Hall and Miller, JJ., concur.

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