| Damm v Landsman |
| Motion No: 2024-04245 |
| Slip Opinion No: 2024 NY Slip Op 70559(U) |
| Decided on July 5, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M297568
AFA/
MARK C. DILLON, J.P.
BETSY BARROS
ANGELA G. IANNACCI
WILLIAM G. FORD, JJ.
|
2024-04245 Carrie Damm, respondent, v Lloyd D. Landsman, etc., et al., appellants. (Index No. 604697/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated January 16, 2024. Motion by the appellants for leave to appeal to this Court from the order and to stay the inquest on the issue of damages, pending hearing and determination of the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court from the order is denied; and it is further,
ORDERED that the cross-motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., BARROS, IANNACCI and FORD, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court