Kelly v. City of Yonkers

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (Cowhey, J.), entered January 19, 2000, and (2) an order of the same court, entered March 16, 2000, which, sua sponte, inter alia resettled the order entered January 19, 2000, granting the defendant’s motion to dismiss the complaint for failure to state a cause of action.

Ordered that on the Court’s own motion, the appeal from the order entered March 16, 2000, is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR…