Commerce Bank, N.A. v. Globe Institute of Technology, Inc.

Order, Supreme Court, New York County (Melvyn L. Schweitzer, J.), entered September 8, 2011, which granted the application of nonparty 172 Van Duzer Realty Corp. (Van Duzer) to direct that any award received by third-party plaintiffs be distributed to Van Duzer, unanimously reversed, on the law, without costs, and the application denied.

The order appealed from is the result of an ex parte application and thus, is not appealable as of right (see Unanue v Rennert, 39 AD3d 289 [1st Dept 2007]; CPLR 5701 [a] [2]). However, under the circumstances presented, we deem the notice of appeal to be a…