Hurd v. Hurd
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Steuben County (Alex R. Renzi, A.J.), entered May 9, 2008. The order dismissed the complaint for failure to state a cause of action.
It is hereby ordered that the order so appealed from is *1493unanimously reversed on the law without costs and the complaint is reinstated.
Memorandum: Plaintiff appeals from an order in which Supreme Court sua sponte dismissed her complaint for failure to state a cause of action. We note at the outset that, because the order did not determine a motion made on notice, it is not appealable as of right (see Sholes v Meagher, 100…
2Cases cited10 opinions
- Sholes v. MeagherNew York Court of Appeals · 2003
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
- Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
- Sena v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Wehringer v. BranniganAppellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Walker v. BowmanAppellate Division of the Supreme Court of the State of New York · 2010
- MIDFIRST BANK v. BELLINGER, ANDREW J.Appellate Division of the Supreme Court of the State of New York · 2014
- Sheive v. Holley Volunteer Fire Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Kingston Oil Supply Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
- Kingston Oil Supply Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
5 more not listed; retrieve them via the Exa API.