Josephs v Hilpert
2022 NY Slip Op 05372 [208 AD3d 1131]
September 29, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2022


[*1]
 Bonnie P. Josephs, Appellant,
v
Daniel Hilpert, Respondent.

Bonnie P. Josephs, appellant pro se.

Daniel Hilpert, respondent pro se.

Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered June 3, 2021, which, to the extent appealed from, upon denying defendant's motion for summary judgment dismissing the complaint, declined to grant plaintiff summary judgment upon a search of the record, unanimously dismissed, without costs.

As plaintiff's request for summary judgment upon a search of the record was not by motion made upon notice, the order denying that relief, to the extent appealed from, is unappealable as of right (see CPLR 5701 [a] [2]; Picken v RN Realty LLC, 203 AD3d 521 [1st Dept 2022]). Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.