| Doe v Matta |
| 2025 NY Slip Op 05879 [242 AD3d 597] |
| October 23, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John Doe, Appellant, v Raymond Matta, Respondent. |
The Wilder Law Firm, New York (Nicholas J. Wilder of counsel), for appellant.
Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Nicholas Tam of counsel), for respondent.
Pleading
- Striking out Matter Contained in Pleading
- No Appeal as of Right from Denial of Motion to Strike Allegations
Appeal from order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about July 15, 2024, which, to the extent appealed from as limited by the briefs, granted defendant's motion to strike certain factual allegations from the complaint pursuant to CPLR 3024 (b), unanimously dismissed, without costs.
Denial of a motion to strike allegations pursuant to CPLR 3024 (b) is not appealable as of right (CPLR 5701 [b] [3]). Accordingly, the appeal is dismissed (see IDX Capital, LLC v Phoenix Partners Group LLC, 72 AD3d 576, 576 [1st Dept 2010]). Given that defendant has raised the question of appealability, we do not reach the issue of whether the motion court providently exercised its discretion in striking certain portions of the complaint (see Davis v Richmond Capital Group, LLC, 194 AD3d 516, 518 [1st Dept 2021]). Concur—Manzanet-Daniels, J.P., Moulton, Scarpulla, González, Michael, JJ.