Sena v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover moneys allegedly owed under a policy of homeowner’s insurance, the plaintiffs appeal from an order of the Supreme Court, Putnam County (Dickinson, J.), dated July 9, 1991, which sua sponte dismissed the complaint.
Ordered that on the Court’s own motion, the plaintiffs’ notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, with costs, and the complaint is reinstated.
Ordinarily, an order issued sua sponte which does not decide a motion on…
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- Gibbs v. KinseyAppellate Division of the Supreme Court of the State of New York · 1986
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