Bank of New York v. Ocean Delite, Inc.

In an action to recover on a promissory note and guarantee, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 3, 2002, which, sua sponte, transferred the venue of the action from Westchester County to New York County.

Ordered 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 further,

Ordered that the order is reversed, on the law, without costs or disbursements, the Clerk of the Supreme Court, New York County, is directed to…