Rienzi v. Rienzi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to reform or rescind a stipulation of settlement, the plaintiff appeals from an order of the Supreme Court, Queens County (Lebowitz, J.), dated January 28, 2005, which, sua sponte, dismissed the action.
Ordered that the notice of appeal from the order dated January 28, 2005, is deemed 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 and as a matter of discretion, with costs, and the complaint is reinstated.
The Supreme Court improvidently exercised its discretion in, sua sponte,…
2Cases cited9 opinions
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
- Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
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