Vatco Contracting, Ltd. v. Kirschenbaum
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Driscoll, J.), dated September 15, 2009, which denied their motion for summary judgment dismissing the complaint and, sua sponte, granted the plaintiff leave to serve an amended complaint.
' Ordered that the notice of appeal from so much of the order as, sua sponte, granted the plaintiff leave to serve an amended complaint is treated as an application for leave to appeal from that part of the order, and leave to appeal is granted (see CFLR 5701 [c]); and…
2Cases cited6 opinions
- Ellis v. GoldAppellate Division of the Supreme Court of the State of New York · 1994
- George Piersa, Inc. v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1979
- Price v. CloseAppellate Division of the Supreme Court of the State of New York · 2003
- Scaturro v. M.C.S. Landscape, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Michael D. Canuso Construction, Inc. v. RogersAppellate Division of the Supreme Court of the State of New York · 1999
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- Graciano Corp. v. BaronoffAppellate Division of the Supreme Court of the State of New York · 2013
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