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LANDA v. DRATCH

45 A.D.3d 646 (2007)

846 N.Y.S.2d 256

JAY LANDA, Appellant, v. BARRIE DRATCH, Respondent.

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

Decided November 13, 2007.

Ordered that on the Court's own motion, so much of the notice of appeal as purports to appeal as of right from so much of the order as denied that branch of the plaintiff's motion which was to strike allegedly prejudicial and unnecessary matter from the defendant's answer is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [b] [3];[c]); and it is further,

Ordered that the order is modified, on the law, by deleting...

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