Legal Opinion
Kroemer v. Pensgen
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 2007No. Appeal No. 1PublishedCited by 1 opinion
1Opinion of the Court
Appeal from an order (denominated judgment) of the Supreme Court, Orleans County (James E Punch, A.J.), dated October 13, 2005 in a breach of contract action. The order denied plaintiffs motion for an order on an issue of fact.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum:
In this breach of contract action, plaintiff appeals from an order denying his “Motion for an Order on Issue of Fact.” The order is not appealable as of right, and we decline to grant plaintiff leave to appeal sua sponte (see CPLR 5701 [a], [c]). We therefore…
2Cases cited4 opinions
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- Scalp & Blade, Inc. v. Advest, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Schaner v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Shahram v. St. Elizabeth SchoolAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- Matter of John Z.Appellate Division of the Supreme Court of the State of New York · 2015