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KROEMER v. PENSGEN

38 A.D.3d 1239 (2007)

834 N.Y.S.2d 911

KENT A. KROEMER, Appellant, v. DONNA PENSGEN, Respondent. (Appeal No. 1.)

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

Decided March 16, 2007.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

In this breach of contract action, plaintiff appeals from an order denying his "Motion for an Order on Issue of Fact." The order is not appealable as of right, and we decline to grant plaintiff leave to appeal sua sponte (see CPLR 5701 [a], [c]). We therefore dismiss the appeal. It is well settled that an order that does not involve some...

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