Diaz v. New York Mercantile Exchange

Appeal from judgment, Supreme Court, New York County (Ira Beal, J.), entered October 7, 2002, dismissing plaintiff’s personal injury action with prejudice due to plaintiffs inability *243to go forward with the trial, unanimously dismissed, without costs.

The appeal as of right, taken from a sua sponte order not made upon notice, must be dismissed (CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]). This is true, notwithstanding that the judgment eventually was entered “on motion” of counsel for defendants New York Mercantile Exchange and Turner Construction Co. and that the court…