Legal Opinion
Lamot v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided September 17, 2002PublishedCited by 5 opinions
1Opinion of the Court
Because the prior order of which plaintiff’s motion sought reconsideration was not the result of a motion made on notice, and was not based on a formal record, it was not appealable as of right (see CPLR 5701 [a] [2]; Castadot v Palmer, 266 AD2d 169; Everitt v Health Maintenance Ctr., 86 AD2d 224, 227). Accordingly, pursuant to CPLR 2001, we deem plaintiffs motion as one to vacate or modify the prior order, and the order denying it as subject to full appellate review on the merits (see 220-52 Assoc. v Edelman, 241 AD2d 365, 368).
In this action against defendant City for allegedly having…
2Cases cited4 opinions
- Everitt v. Health Maintenance CenterAppellate Division of the Supreme Court of the State of New York · 1982
- 220-52 Associates v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1997
- Castadot v. PalmerAppellate Division of the Supreme Court of the State of New York · 1999
- New York News Inc. v. GrinkerNew York Supreme Court · 1989
3Cited by5 opinions
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- Allen v. CiannameaAppellate Division of the Supreme Court of the State of New York · 2010
- Bibbins v. SayeghNew York Supreme Court · 2014