Legal Opinion
Unanue v. Rennert
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2007PublishedCited by 15 opinions
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Jacqueline W. Silbermann, J., upon decision of Ira Gammerman, J.H.O.), entered on or about September 29, 2005, which, sua sponte, dismissed the complaint with prejudice, unanimously dismissed, with costs in favor of defendants-respondents.
*290No appeal as of right lies from a sua sponte order (Sholes v Meagher, 100 NY2d 333, 335 [2003]). If the matter is to he reviewed, plaintiff should move to vacate the sua sponte order (see CPLR 5701 [a] [3]) so as to create a suitable appellate record and afford counsel the opportunity to be heard on the…
2Cases cited2 opinions
- Sholes v. MeagherNew York Court of Appeals · 2003
- Davidson v. Regan Fund Management Ltd.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by15 opinions
- Reyes v. SequeiraAppellate Division of the Supreme Court of the State of New York · 2009
- Kremen v. Benedict P. Morelli & Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Ning-Yen Yao v. Kao YaoAppellate Division of the Supreme Court of the State of New York · 2011
- Meng v. AllenAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Cheheli v. Metropolitan Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
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