Liss v. Brigham Park Cooperative Apartments Sec. No. 3, Inc.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Garson, J.), entered July 29, 1998, which granted the plaintiff’s motion for costs, disbursements, and interest pursuant to CPLR 5003-a (e) for failure to timely tender a stipulated payment, and sua sponte awarded an attorney’s fee to the plaintiff.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as sua, sponte awarded an attorney’s fee to the plaintiff is treated as an application for leave to appeal, and leave to appeal from…