| Taxi Tours, Inc. v Go N.Y. Tours Inc. |
| 2026 NY Slip Op 00034 [245 AD3d 431] |
| January 6, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Taxi Tours, Inc., Plaintiff/Counterclaim
Defendant-Respondent, v Go New York Tours Inc., Defendant/Counterclaim Plaintiff-Appellant, Open Top Sightseeing USA, Inc., Counterclaim Defendant-Respondent, and Go City North America, LLC, et al., Counterclaim Defendants-Respondents, et al., Counterclaim Defendants. |
Barton LLP, New York (Maurice N. Ross of counsel), for appellant.
Olshan Frome Wolosky LLP, New York (Peter M. Sartorius of counsel), for Taxi Tours, Inc., and others, respondents.
Gordon Rees Scully & Mansukhani LLP, Harrison (Kerry K. Jardine of counsel), for Gray Line New York Tours, Inc., and others, respondents.
Appeal
- Appeal as of Right
- Sua Sponte Order
- Failure to Move to Vacate
Appeal from order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered July 10, 2024, which, after consideration of the parties' joint letter outlining their discovery dispute, as per the court's individual Part Rules, sua sponte ordered that certain discovery requested by defendant/counterclaim plaintiff Go New York Tours, Inc. (Go NY) was not material and necessary to its counterclaims, and sustained defendants' objections to producing such documents, unanimously dismissed, without costs, as taken from a nonappealable order.
There is no right of appeal from an order entered sua sponte (see Reyes v Sequeira, 64 AD3d 500, 507-508 [1st Dept 2009]). If Go NY had moved to vacate the sua sponte order pursuant to CPLR 5701 (a) (3) and the motion had been denied, then Go NY would have been entitled to appeal as of right (see Sholes v Meagher, 100 NY2d 333, 335 [2003]; Person v Einhorn, 44 AD3d 363, 363 [1st Dept 2007]). Concur—Renwick, P.J., Manzanet-Daniels, Gesmer, Higgitt, Michael, JJ.