The motion court properly denied plaintiffs' motion, because plaintiffs offered no recognized legal basis to reclaim their allegedly converted property, the ultimate relief sought on the complaint. The parties have competing claims that must be determined before plaintiffs can obtain this relief.
To the extent that the order sua sponte dismissed the complaint, that portion of the order is not appealable as of right (see CPLR 5701[a] [2]; Sholes v Meagher...
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