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KATZ v. WAITKINS

306 A.D.2d 442 (2003)

761 N.Y.S.2d 501

IRWIN KATZ, Appellant, v. RUTH G. WAITKINS et al., Defendants, and DEAN T. CARSON, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 23, 2003.

Ordered that on the court's own motion, the plaintiff's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]), and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and summary judgment is denied to the defendant Dean T. Carson.

The Supreme Court may search the record and grant summary judgment...

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