Legal Opinion
Macy's Inc. v. J.C. Penny Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 2013Published
1Opinion of the Court
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered October 11, 2012, which, to the extent appealable, denied defendant’s motion to disqualify plaintiffs’ counsel, unanimously affirmed, with costs.
The portion of the subject order that denied defendant’s oral application to supplement the record did not resolve a motion made on notice, so no interlocutory appeal lies therefrom as of right (CPLR 5701 [a] [2]; see Sholes v Meagher, 100 NY2d 333, 336 [2003]; Smith v United Church of Christ, 95 AD3d 581 [1st Dept 2012], lv denied and dismissed 19 NY3d 940 [2012]; Manning v City of…
2Cases cited14 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Sholes v. MeagherNew York Court of Appeals · 2003
- Tekni-Plex, Inc. v. Meyner & LandisNew York Court of Appeals · 1996
- Develop Don't Destroy Brooklyn v. Empire State Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- St. Barnabas Hospital v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
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