Wieck v. Halpern

In an action, inter alia, for a judgment declaring, among other things, that a certain amended restrictive covenant is void, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 11, 2000, as denied her motion for a preliminary injunction and set the matter down for trial.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is also treated as an application for leave to appeal from that part of the order which set the matter down for trial, and leave to appeal is granted (see, CPLR 5701 [c]);…