Legal Opinion
Kinzler v. Kenny
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2004PublishedCited by 1 opinion
1Opinion of the Court
In an action, improperly commenced as a proceeding, pursuant to Judiciary Law § 475 to determine an attorney’s lien, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), entered March 18, 2004, as after converting the proceeding to an action, sua sponte treated the petition as a motion for summary judgment and awarded summary judgment to the plaintiff.
*628Ordered that on the Court’s own motion, the 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…
2Cases cited5 opinions
- Phalen v. Theatrical Protective Union No. 1New York Court of Appeals · 1968
- Skyline Enterprises of N. Y. Corp. v. Amuram Realty Co.Appellate Division of the Supreme Court of the State of New York · 2001
- In re Jamel F.Appellate Division of the Supreme Court of the State of New York · 2003
- Katz v. WaitkinsAppellate Division of the Supreme Court of the State of New York · 2003
- Technologies Multi Source T.M.S.S.A. v. MRP Electronics, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by1 opinion
- Abinanti v. PascaleAppellate Division of the Supreme Court of the State of New York · 2007