Westchester Mall, LLC v. Hedvat

In an action to recover damages for breach of a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Marber, J.), *679entered November 9, 2011, as granted that branch of the application of the defendant Manoucher Hedvat which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against him, made at the conclusion of the plaintiffs opening statement.

Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to…