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HLADUN-GOLDMANN v. RENTSCH ASSOCIATES

8 A.D.3d 73 (2004)

779 N.Y.S.2d 183

VIRA HLADUN-GOLDMANN, Appellant, v. RENTSCH ASSOCIATES, Respondent.

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

June 10, 2004.

There is no right of appeal from a judgment based upon a sua sponte order (Diaz v New York Mercantile Exch., 1 A.D.3d 242 [2003]). The May 1 order dismissing the complaint and resolving liability on the counterclaim in defendant's favor unless plaintiff returned to New York within a week for her deposition was made sua sponte because defendant made no motion on notice for such relief (Sholes v Meagher, 100...

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