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TUMA v. GALGANO

303 A.D.2d 675 (2003)

757 N.Y.S.2d 80

BEVERLY TUMA, Appellant, v. GEORGE W. GALGANO, JR., Respondent, et al., Defendant.

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

Decided March 24, 2003.

Ordered that the notice of appeal from so much of the order as, sua sponte, directed the entry of a judgment in the plaintiff's favor in the principal sum of $20,000 is treated as an application for leave to appeal from that part of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof directing, sua sponte, entry of a judgment in favor of the plaintiff...

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