Legal Opinion
Burstein v. Sullivan
Appellate Terms of the Supreme Court of New York
Decided February 5, 2010Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that, upon the court’s own motion, the notice of appeal from the order dated March 26, 2008 is deemed an application for leave to appeal, and leave to appeal is granted (see UDCA 1702 [c]); and it is further, ordered that the order dated March 26, 2008 is reversed without costs and the matter is remitted to the District Court for a determination of plaintiffs motion for summary judgment; and it is further, ordered that the appeal from the order dated November 19, 2008 is dismissed.
The appeal from the November 19, 2008 order is dismissed as no appeal lies…
2Cases cited6 opinions
- Allen v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1999
- Seaboard Surety Co. v. Nigro Bros.Appellate Division of the Supreme Court of the State of New York · 1995
- Rizzi v. SussmanAppellate Division of the Supreme Court of the State of New York · 1959
- McGowan v. HoffmeisterAppellate Division of the Supreme Court of the State of New York · 2005
- Roman v. KonisAppellate Division of the Supreme Court of the State of New York · 1998
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