Daniels v. King Chicken & Stuff, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated January 18, 2005, which, in effect, denied her motion for leave to enter a judgment against the defendant upon its default in appearing or answering and, sua sponte, dismissed the complaint for lack of personal jurisdiction.

Ordered that on the Court’s own motion, the plaintiffs notice of appeal is treated as an application for leave to appeal from so much of the order as, sua sponte, dismissed the complaint for lack of personal jurisdiction, and…